Is it in my best interest to have a judge disqualified on my hearing, if so is there a site that will help me complete a motion

I filed for a hearing regarding child support issues in Florida, the notice of hearing arrived today and the case is to be heard before a hearing officer. My problem is the person assigned is related to my ex-wife's attorney. I am not sure if I should let it go and continue or file a motion to disqualify. As usual I don't have the money to retain an attorney so I am trying to put together a good argument as to why this person should not be the one hearing the motion and if it's even worth it. Any advice or help would be greatly appreciated

Fort Walton Beach, FL -

Attorney Answers (4)

Tami Lane Augen

Tami Lane Augen

Family Law Attorney - West Palm Beach, FL
Answered

Only you can decide whether to file such a motion. Here is a copy of an article that will assist you:
https://www.floridabar.org/divcom/jn/jnjournal0...

Best of luck to you.

This answer is for general informational purposes only and should not be relied upon for your particular case nor... more
Carin Manders Constantine

Carin Manders Constantine

Family Law Attorney - Palm Harbor, FL
Answered

If there is a true family relationship between the Hearing Officer and the attorney, and the HO cannot be objective, he/she has a duty to recuse him/herself. The fact of a family tie is not, in itself, a conflict unless the relationship is a very close one.

This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq.... more
Arica Lynn Braaten

Arica Lynn Braaten

Family Law Attorney - Deerfield Beach, FL
Answered

I agree with the other posters. Only you can decide if to file a motion to recuse. Having a familial relationship in of itself doesn't necessarily mean the HO can't be impartial.

Legal disclaimer: Ms. Braaten's answer to your question does not establish an attorney client relationship, but... more
William Charles Rosenfelt

William Charles Rosenfelt

Family Law Attorney - Longwood, FL
Answered

I agree with the other posters. It is your call. That doesn't help you out much, I'm sure. However, I think that it's also worth considering specifically what the issues are in your case. Child support issues can be very statute driven and not require any subjectivity. (Or they can). So it might not matter if it's a black and white type of issue. Does that make any sense? Good luck.

Please be advised that any answers or information disseminated above do not constitute legal advice and that the... more

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