Rule 12.491 (f) provides that " Any party affected by the order may move to vacate the order by filing a motion to vacate within 10 days from the date of entry."
The first available remedy that you can use is a "motion to vacate the order" which shall be heard within 10 days after you apply for hearing on the motion.
This is not an appeal, however, it may allow you relief from the report and recommendation of the hearing officer.
If your Husband was fired and did not quit his job, this factor needs to be stressed in the motion to vacate. If he left voluntarily or quit then the imputation of his prior income will be upheld.
He definitely needs a lawyer to represent him in this matter!
Appealing a DOR hearing officer decision can be different than a regular appeal to the DCA. There is a separate statutory process in some instances. You should have an attorney familiar with this process review your situation to determine if you even have grounds, and if so, if you have a record on which to appeal it. The hearing officer can impute income, and if he voluntarily left his job to start his own business, that may be the basis for the hearing officer's decision.
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