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How long does a person have to set a hearing date after a motion for modification has been filed?

Port Saint Lucie, FL |

I was served with a summons and supplimental petition for modification of final judgement on February 8th, 2012, and I filed my response on February 17th, 2012. I called the Clerk Of Courts Office, Family Division on April 9th, 2012 to see if anything was happening with the motion my ex-husbands attorney filed, they said there was no status in the case and recommended I contact ex-husbands attorney and ask if they where intending on setting a court date. I did e-mail my ex-husbands attorney and asked, her reply was a "no", along with some other choice words. My support payments have been reduced since February 1st and I would like to know how long my ex-husband has to file a hearing date, can he just continue to withhold a portion of his support payment while hiding behind a motion?

Attorney Answers 1


There is no time limit for setting petitions for hearing, though, generally, you can move to dismiss them if no activity occurs on the case for a full calendar year. In fact, the clerk will often ask that petitions be dismissed after a year of inactivity. But there is no rule that says only a party can set their own motions. You can set a hear on the supplemental petition, too. Other things may need to happen before the hearing, though. For instance, both sides may need to complete mandatory disclosure, discovery or mediation. By the way, your ex has no legal right to reduce payments without a court order, even if he has filed a supplemental petition. You may want to consider a motion for contempt.

The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me for a free consultation at 813-635-0222. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!

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