Frequently Asked Questions

Visit the Clerk of Court Website for information on records & fees:

• DeSoto County Clerk of the Circuit Court - http://www.desotoclerk.com
• Manatee County Clerk of the Circuit Court & Comptroller - http://www.manateeclerk.com
• Sarasota County Clerk of the Circuit Court & Comptroller - http://www.sarasotaclerk.com

PRIOR TO ATTEMPTING TO SCHEDULE A TELEPHONIC HEARING ATTORNEYS ARE ENCOURAGED TO CONFIRM THE JUDGE’S POLICY BY CONTACTING THE RESPECTIVE JUDICIAL ASSISTANT.

As a general rule, attorneys may be permitted to appear by telephone if the hearings are 15 minutes or less and are non-evidentiary in nature. The Notice of Hearing must reflect that this is a telephonic hearing, indicate which attorney(s) will be appearing by telephone, and the phone number to be called collect. The court will make one attempt to call. If the call is rejected for any reason, or the recipient is not immediately available, the hearing may be cancelled or may proceed without the absent party’s participation.

The answer depends upon whether the attorney is hired by you or court appointed.

A. IF YOU HIRED YOUR OWN ATTORNEY: First, you should write the attorney a letter outlining your complaints and request an appointment to discuss the matter. If that does not resolve the problem, with court approval, you may hire a substitute attorney. However, hiring a new lawyer does not necessarily mean a trial date will be re-scheduled. The new lawyer may have to prepare quickly for trial because many judges do not consider hiring of a new attorney late in the case and close to trial as good cause to continue the case. Therefore, if you are going to hire a different lawyer, do so early in the case not later. You can find more information on the attorney processes at the Florida Bar Attorney Consumer Assistance Program (ACAP) for more information. Or you can call the Bar's ACAP office at (866) 352-0707 or (850) 561-5673.

B. IF YOU HAVE A COURT APPOINTED ATTORNEY: First, you should write the attorney a letter outlining your complaints and request an appointment to discuss the matter. If that does not resolve the problem, you may write the judge a letter outlining in detail the reasons you believe you are not being properly represented and ask for a hearing. After reviewing your letter, the judge may or may not allow a hearing. Some judges may decide your request based solely on the letter and enter an order accordingly, others may require a hearing. If a hearing is granted, you may explain your reasons in court, after which the judge will make a decision.

All interpreter requests must be made 5 days in advance.  Please visit the Interpreters Page for more information.
If you have any further questions please contact…

• Manatee County: (941) 749-3655
• DeSoto County: (863) 993-4644
• Sarasota County: (941) 861-7800

Come to court organized, with a completed Family Law Financial Affidavit (available from the clerk). The affidavit will show your income and itemized expenses. Bring papers that support your income and expenses, such as pay stubs, rent receipts, tax returns for the last 3 years, credit card statements and bank account statements. If you are having financial difficulties and are falling behind in payments, be prepared to explain why this has happened, and be ready to prove your case with documents or witnesses.

Child support disputes typically are resolved in open court by a judicial officer called a child support enforcement hearing officer, or a magistrate in child support cases that do not involve the DOR. The hearings are recorded on an audio disk. You and other persons may be placed under oath and asked questions by the DOR attorney. You will also be allowed to ask questions of witnesses.

Hearing officers and magistrates are experts and specialists in child support cases. In most instances the judicial officer will make a ruling while both parties are present. It will be followed by a written recommendation, a copy of which will be provided to you. A Family Law Division judge will review the judicial officer’s recommendation, after which the judge will promptly enter an approval order. Sometimes, instead of approving the recommendation, the reviewing judge finds good cause to amend the order, conduct further proceedings, or refer the matter back to the hearing officer or magistrate for another hearing. In either case you will receive by mail a copy of the recommendation and the reviewing judge’s order that follows

The fact that a party does not like the result is not enough to change a hearing officer/magistrate’s ruling. There must be good and sufficient legal reasons for the judge to set aside or amend the order approving the recommendation. The procedure, briefly, is as follows:

Two things must happen before a party can make a timely objection. First, the judicial officer has to prepare, sign and file his or her recommendation with findings of fact and conclusions of law. Second, a Family Law judge must review the recommendation, then sign and enter an order approving the decision.

Once the Family Law Division judge has entered an order approving the hearing officer or magistrate’s recommendation, either party may file a motion to vacate, or exceptions to a magistrate’s recommended order. However the motion to vacate or exceptions must be filed within 10 days of the judge’s order approving the recommendation or the right to object is lost. Either side can request a hearing on the motion, but the parent filing the motion should immediately request a hearing date. The clerk of court can advise how to obtain hearing time from the court.

The parent filing the motion must provide the judge with a record or transcript of the hearing officer or magistrate’s hearing as required by Family Law Rule of Procedure Rule 12.491(h) and comply with the time requirements set forth in the rule. Go to the circuit website home page at http://12circuit.state.fl.us where you will find a link to “Digital Court Recording.” There you will find instructions for obtaining a copy of the audio recording of your hearing.

Remember, the motion to vacate or exceptions should not be filed until the order approving the hearing officer or magistrate’s recommendation has been signed by the Family Division judge, and the motion must be filed within 10 days of the approval order. As with all motions, copies must be provided to the Department of Revenue in DOR cases and the opposing parent, or his or her attorney, if any. A Notice of Hearing (form available from the clerk) should accompany the motion.

In setting child support, Florida judges, hearing officers, and magistrates are required to use Child Support Guidelines established by the legislature. These are standard and the courts have little discretion to deviate from them. You will pay what other parents pay in similar circumstances. The Guidelines use a formula that involves the income of both parents, and which take into account expenses such as child care and health insurance. Go to http://dor.myflorida.com/dor/ where you will find a Guideline Worksheet and calculator. The following information from each parent will be necessary to ensure the best result:

• Monthly incomes
• Insurance Information
• Child Care Information

Family law attorneys have computer programs and the expertise to make sophisticated, statutorily approved adjustments in child support that may be more agreeable to your financial condition. If you can’t afford an attorney for the entire case you may be able to afford one just to help with the preparation of the Guidelines Worksheet and Family Law Financial Affidavit. The Worksheet and Affidavit are important documents and are relied on by judicial officers. They are useful to get a fair result so you need to make them as accurate as possible. Financial Affidavit forms can be obtained from the clerk of court or for free at www.flcourts.org.

If you are named on the birth certificate as the father, you are legally presumed to be the father. You should consult an attorney to see if paternity can be challenged. If you are not on the birth certificate and have not otherwise formally acknowledged paternity, you may contact DOR to request a DNA test which will prove or disprove that you are the father.

Do not sign any papers at the hospital when the child is born or in court confirming paternity unless you are positive you are the father. Such papers are legally binding and may be enforced even if you later discover you are not the father.

Non-payment of child support is not a legal basis for the other parent to stop your time sharing with your child. Even if you are behind in child support, you are entitled to contact with your child.

If you are being unjustifiably prevented from seeing your child and have no court approved time sharing schedule, if unmarried you may file a paternity action seeking time-sharing. If the other parent is not following a court-approved agreement, you may file a motion for contempt to enforce the agreement. The clerk of court has forms to help you with this or you can find the forms at www.flcourts.org. In any event, child support must continue to be paid.

Willful non-compliance with a support order can lead to the county jail. Before that happens, the hearing officer or magistrate may require the obligor to sell assets of value and pay the proceeds to the other parent. It is now routine for the court to enter Income Deduction Orders (known as IDOs) requiring employers to take support payments out of the paying parents’ paychecks. A person obligated to pay support may be required to get a second job, job training or additional education. DOR also has authority to enforce the court order requiring payment using any of these methods:

• Suspend driver’s license, occupational and professional licenses, hunting and fishing licenses
• Intercept IRS tax refunds
• Intercept unemployment compensation and worker's compensation benefits
• Cooperate with the court in the issuance of writs, also known as arrest warrants, which are entered into Florida's crime computer and used by law enforcement office’s statewide
• Place liens on real property (homes or land) and personal property such as cars and boats
• Report the debt to credit bureaus, which can affect the obligor parent's credit rating
• Seize bank accounts by levy and garnishments

Also, support orders are enforceable by civil contempt. This means if the court finds there is an ability to pay and non-payment is willful, the court may order the obligor to be held in county jail UNTIL HE OR SHE PAYS.

In short, life can become very uncomfortable for willful non-payment of child support

NO. Here is the legal rule: Child support continues to accrue at the court-ordered amount, without reduction, until the date the paying parent files a Supplemental Petition for Modification. Once the court learns the reason for the job loss or income reduction (assuming the court finds the excuse legitimate) the magistrate has authority to reduce child support retroactive to the date the Supplemental Petition was filed. This can amount to considerable savings.

When the paying parent loses a job or becomes seriously ill or injured, child support payments do not stop. Furthermore, the court does not even have the legal authority to reduce child support during that period. The only way a paying parent can give the court authority to stop or reduce child support for any reason, including job loss, illness, or injury is to file a Supplemental Petition for Modification. The Supreme Court’s website (www.flcourts.org) has free forms and instruction for completing the Supplemental Petition and for service of process on the proper parties. Forms also are available from your local clerk of court for a fee.

If you are facing a contempt hearing and have also filed a Supplemental Petition, DOR should be contacted to see if an agreement can be reached that would allow your Supplemental Petition to be heard at the same time as the motion for contempt. DOR often will accommodate this request, depending on the circumstances of your case. Sometimes an arrangement can be reached that will eliminate the need for you to appear in court. If DOR can not agree to a joint hearing, inform the magistrate when you attend the contempt hearing that a Supplemental Petition has been filed. The court has discretion to grant a continuance if you can demonstrate good cause for the magistrate to do so. Filing of the Supplemental Petition DOES NOT excuse you from attending the contempt hearing.

REMEMBER: Without a Supplemental Petition being filed, the court has NO DISCRETION to change your child support obligation. Unfortunately, most paying parents do not know this. They attend the contempt hearing expecting the court to reduce their support payment retroactive to the date their job was lost or the injury or illness occurred. This is a big mistake because the total unpaid support pre-dating the court’s contempt or enforcement order, including all the time you were out of work, may be established as a lump sum arrearage. This can greatly increase the paying parent’s obligation.

Simply stated, filing a Supplemental Petition for Modification has the potential of stopping the clock on arrearage, or at least reducing it. It gives the paying parent a legal basis for asking the court to keep the arrearage as low as possible. This is important because by law the obligation to pay arrearage continues past the child’s 18th birthday.

Word to the wise: File your Supplemental Petition to Modify and set it for hearing as soon as you know you have suffered or are about to suffer a dramatic and extended income loss. Do this even if DOR has taken no action to enforce the order requiring payment or to hold you in contempt for non-payment. Otherwise, your support debt continues to grow daily.

This is a common situation and the courts are alert for parents attempting to evade child support obligations. If the court finds you are voluntarily underemployed or unemployed, you may be forced to pay support based not on what you actually earn, but on what you could earn, given your skills and education. This is called your “imputed income.” For example, a Registered Nurse who gets a job at minimum wage at 7-11, may be required to pay support based on a typical nurse’s salary. If you are taking money under the table for goods or services, the court may estimate what people in your trade or vocation typically make in the area where you live and order you to pay that amount, regardless of whether or not you actually earn that amount.

To avoid being held in contempt, you will be required to show you have diligently searched in good faith for the best job for which you are qualified, and if none are available, that you took the next best job. For the period a person is unemployed, the court may require able bodied parents to participate in active job searches and to regularly report their efforts to the court.

In some cases, the court may require you to undergo vocational or skills training while holding down some form of interim employment. Florida law does not allow you to quit work or be underemployed to avoid paying child support. Nor does the law give you the option of abandoning a lucrative career because you found a lesser paying job that is more fun. Your children come first and the law requires them to be supported to the best of your ability.

Judges are not allowed to talk directly with litigants, witnesses, friends, or family members of litigants about a pending case or a disputed matter that might lead to litigation. Ethical rules require judges to have both sides of a dispute present, with their lawyers, before he or she is permitted to discuss a matter in litigation or a matter which might be litigated.

Judicial Assistants are not lawyers and cannot give legal advice. By law they cannot recommend lawyers or advise a person on how to handle a case. They do not have the authority to approve requests to continue a matter or to excuse a court appearance, only a judge can do that. The claim that the “Judicial Assistant told me to do it” is not an acceptable defense.

If you are a tenant and your landlord is facing foreclosure, you will be served papers naming you as a defendant in the landlord’s case. You should pay close attention to the progress of that case. In Manatee and Sarasota Counties you can access the clerks’ case docket on line to check the status.  www.manateeclerk.com and  www.sarasotaclerk.com. If the landlord loses, your lease will be cancelled and you will be forced to leave the property. However, you have important rights. Visit the Florida Bar website for information on the rights and duties of tenants and landlords. 

You have the right to represent yourself. However, foreclosure law is complex. It is strongly recommended that you not attempt to do this without an attorney. You may have defenses to foreclosure that are unrecognizable by untrained persons. Being uninformed about civil procedure and the law may cause you to lose a case that you could otherwise win. Before deciding to be your own lawyer, it would be wise to consult with a member of The Florida Bar. Attorneys don’t have to be hired to defend the entire case. Some may agree to be hired for a limited purpose. This can greatly reduce the cost and allow an unrepresented party to have an attorney’s help at critical stages of the case. For example, a defendant may need the attorney just to file and argue a motion to dismiss, or a summary judgment, or to help them prepare for trial.

If you have no lawyer, you may find this website helpful:  http://www.selfhelpsupport.org

1. Contact legal aid services to see if you qualify for free legal advice:
   • Legal Aid of Manasota  
     Sarasota Office - 1900 Main Street, Suite 302, Sarasota, Florida 34236 - (941) 366-0038
     Venice Office - 7810 South Tamiami Trail, Suite A6, Venice, Florida 34293 - (941) 492-4631
   • Gulfcoast Legal Services
     ​1750 17th Street, Bldg. 1, Sarasota, Florida 34236 - (941) 366-1746
2. If you do not qualify for legal aid, many local lawyers have offered to assist homeowners at a reduced rate or on a sliding scale depending on income and assets. Vist the 12^th Circuit’s Reduced Fee Attorney List.
3. Many local attorneys advertise online and in the Yellow Pages. Be sure to ask about their experience in representing people in your situation. The local bar associations also have useful resources: sarasotabar.com; www.manateebar.com

The most common mistake made by persons who do not hire an attorney is the failure to pay attention to deadlines. The rules of civil procedure govern foreclosure cases and they set deadlines for a defending party to take action. For example, when the case is first filed, the person filing the case (plaintiff) is required to serve papers (a complaint), on all persons with a legal interest in the property (defendants).

Defendants have 20 days to file their legal defenses to the claims made in the complaint. These defenses are required to be stated in a document called an “answer,” and filed with the clerk of court, with copies sent to the plaintiff. What is a legitimate defense is controlled by legal principles, most of which are unknown to non-lawyers. If the deadline is missed, the plaintiff is entitled to win by default - meaning there is nothing to stop the foreclosure from going forward to final judgment. Because the defendant has chosen not to contest the case, the rules of procedure say that any defenses are automatically abandoned. The law requires the defending party to point out problems with the plaintiff’s case. It is not the judge’s job to do this. If the plaintiff’s case is flawed, but not defended, the flawed case will go to final judgment and the defendant will be bound by and have to live with this result. This is true even if there were legitimate defenses, which, if raised in an answer at the beginning of the case, would have allowed the defendant to win.

There are other deadlines that may have to be met too. When a case is defended, and either the rules of procedure or a judge’s order sets a deadline, missing the date can have serious consequences for a noncompliant defendant. Self-represented persons must become familiar with the procedural rules and pay careful attention to orders signed by the judge, or they act at their peril.

When deadlines are missed, sometimes it is possible for the defendant to ask the judge to excuse the oversight. But this is risky and depends on why the deadline was missed, and the judge may not accept the excuse. The sooner the request is made after a date is missed, the more likely it is that the judge may allow the error to be corrected. In any event, for the deadline to be excused, a valid legal reason for missing the deadline is required.

Notice of Hearing

Motion

Supporting document copies (a copy of your Motion or other filed pleadings that will be addressed at the hearing)

Legal Authority (e.g. case law supporting your position)

1. You should first file a MOTION. A motion is a written request for the judge to take action in regard to your case. You must describe what it is you want the judge to do, and why.
2. Make sure the motion contains the names of all parties, the case number, and that the certificate of service is completed showing when and how you provided the motion to all other parties. Like other papers filed in the case, the original motion is sent to the clerk of court. The Sarasota County’s Clerk of Court’s mailing address is 2000 Main Street, Sarasota, Florida, 34237. Manatee County’s Clerk of Court mailing address is 1115 Manatee Ave. W., Bradenton, FL 34205. Copies are mailed or faxed to the other parties.
3. Contact the plaintiff’s attorney to coordinate a hearing date. You should have your calendar available when you contact the plaintiff’s attorney. Attorneys have access to the judges calendaring system and can schedule a mutually convenient date. 
4. If attempts to coordinate a hearing with the plaintiff’s attorney fail, you may then contact the Judicial Assistant to request a hearing date. You should get at least two dates since these have to be coordinated with the opposing side. The assistant will tell you how much time the judge has available for that type of motion.
5. Contact the other side to see if the dates provided are acceptable. If you do not do this, the judge may cancel the hearing because local rules require it. If, after you make a good faith effort, the opposition does not cooperate, send a letter to the judge, copy to the other parties, stating what you’ve done to get the hearing date coordinated. The judge may then set the hearing at a time convenient to the court.
6. After you have the hearing date, you must prepare and send a NOTICE OF HEARING. Always provide a copy of court papers you file to the other side, even though everyone has agreed to the hearing date. The original notice of hearing is sent to the clerk of court. Copies are sent to the other parties.
7. Before you appear at the hearing, you should rehearse your presentation and be concise. Remember, you only have half the time. The other side has to be given equal time.
8. At the hearing, direct your remarks to the judge, not to the opposing attorney. For more information for self-represented parties, review the Ten Rules for Courtroom Conduct HERE.

Litigants requesting an emergency hearing are required first to call the judge’s office to alert the Judicial Assistant that an emergency motion is being filed and to request the FAX number. Then the moving party is required to FAX a copy of the motion or pleading to the judge. The request will not be considered until a written motion or pleading is received. The Judicial Assistant will present the documents to the judge at the first available opportunity. The judge will review the papers and will either grant, deny or schedule a hearing on an emergency calendar. IF A HEARING IS GRANTED AND A DATE SET, THE MOVANT IS REQUIRED TO GIVE NOTICE TO THE OPPOSING SIDE IN THE MANNER MOST LIKELY TO GIVE ACTUAL NOTICE, UNLESS NOTICE IS EXCUSED BY LAW. Failure to give timely notice to the other side may be grounds for denial of relief. Emergency hearings may be set before or after normal business hours, or during the time normally reserved for noon recess. ALWAYS INCLUDE THE CASE NUMBER ON WRITTEN COMMUNICATIONS TO A JUDGE WITH A RETURN ADDRESS & PHONE NUMBER. Case numbers are available from the clerk of court.

If you have an attorney, he or she must file a motion asking the judge for a continuance. Persons without an attorney may file their own motion, or write the judge a letter in advance requesting a continuance and giving the reasons. Requests may be faxed only when short notice, urgent or emergency situations exist. The original pleading must be filed with the clerk of circuit court. A copy of the request must be sent in writing to the opposing party. Failure to show a certificate of service for copies sent to the opposing party is grounds for denying the request on its face. There must be good cause, such as a verifiable emergency, for a continuance to be granted. Some judges may rule on a motion for continuance based solely on what the judge sees in the motion. Other judges may require the moving party to schedule, through the judge’s office, a hearing on the continuance request. If a hearing is granted, you should appear in person at the hearing when scheduled. If the motion to continue is denied and you fail to appear, there may be serious legal consequences. What you think is a good excuse may not be a legal one in the judge's opinion. ALWAYS INCLUDE THE CASE NUMBER ON WRITTEN COMMUNICATIONS TO A JUDGE WITH A RETURN ADDRESS & PHONE NUMBER. Case numbers are available from the clerk of court.

Litigants in CIVIL cases who want their proceedings recorded are responsible for hiring their own court reporters to attend hearings or trials. Private court reporters are listed in the yellow pages of the phone book. Most require non-lawyers to pay all or part of the anticipated expenses up front. It may be difficult to appeal an adverse ruling in a civil case unless you hire a private court reporter to attend the hearing or trial to prepare a certified transcript. The court is under no obligation to provide court reporters in civil cases even where the litigants are indigent

Sarasota residential mortgage foreclosure sales are held online at https://www.sarasota.realforeclose.com at 9:00 a.m.

Manatee residential mortgage foreclosure sales are held online at https://www.manatee.realforeclose.com at 9:00 a.m.

Visit the Clerk of Circuit Court Website of your county of interest. Manatee Clerk –  www.manateeclerk.com. Sarasota Clerk –  www.sarasotaclerk.com.

No. On February 9, 2009 the 12th Circuit adopted Administrative Order 2009-2.1 in re: Emergency Order Suspending Telephone Hearings in Foreclosure Cases in Sarasota and Manatee Counties.

Generally, there are three ways a case ends:

1. It can be dismissed by the judge or by the party who filed the claim.
2. The case can be resolved by a trial. At the trial the judge will decide who wins or loses. Foreclosure cases are tried by a judge without a jury. A trial requires the parties to call and question live witnesses and to present documents that support their claims or defenses.
3. A case can end by a “summary judgment.” Summary here means “quick.” This is the way many foreclosure cases are resolved because it avoids the expense of a non-jury trial. Either side may file motions for summary judgment but most commonly it is the method plaintiffs use to try to bring the foreclosure case to a speedy conclusion. It is not like a trial because the judge makes the decision only after reviewing papers filed by the parties prior to the hearing. The papers that are filed must comply with strict legal rules. On occasion, the court may take live testimony at a summary judgment hearing.
   
   The party moving for summary judgment is required to file affidavits or other evidence that support the motion, and the defending parties, if they need to do so, may file affidavits or other evidence opposing the motion. Defending parties should not expect to appear at the plaintiff’s summary judgment hearing to explain their defenses without having filed proper evidence or affidavits supporting their position a reasonable time before the hearing. Only papers filed prior to the hearing and meeting legal standards can be considered by the judge.
   
   Summary judgment can only be granted when there are no disputed issues of material fact, and the sole issues remaining are legal ones. The law of summary judgment is complicated. Because it can result in an adverse judgment, self-represented parties would benefit by consulting with an attorney as soon as they receive a motion for summary judgment. The rules of civil procedure set forth the requirements for parties filing or opposing summary judgment. Visit  Florida Bar Rules of Civil Procedure to access the civil rules.