JAMES HOWARD MILLER
v.
ELIZABETH ANN GREEN
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In a paternity action, Miller appeals various orders including a child support delinquency judgment. The court found the trial court erred by failing to hold a hearing on Miller's timely motion to contest the notice of delinquent child support, as required by Florida Statute § 61.14(6)(d).
The trial court erred by failing to hold a hearing on Miller's timely motion to contest the delinquent child support notice, as required by statute. The court affirmed without comment the orders denying Miller's motion to vacate timesharing restrictions and motion for temporary attorney's fees, and denied his petition for writ of certiorari regarding the guardian ad litem appointment.
[1] A trial court must hold a hearing on an obligor's timely and legally sufficient motion to contest a notice of delinquent child support payment.
[2] A motion to contest a notice of delinquency must be filed within fifteen days after service of the notice and can only raise grounds concerning a mistake of fact regardin…
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Join FLexlaw to unlock all legal intelligence“The court shall hear the obligor's motion to contest the impending judgment within 15 days after the date of filing of the motion.”
Establishes the mandatory statutory requirement that the trial court failed to fulfill, which constitutes reversible error.
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Join FLexlaw to unlock all legal intelligenceMiller filed a timely and legally sufficient motion to contest a notice of delinquent child support payment in a paternity action. The trial court fai…
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PER CURIAM. James Howard Miller challenges various orders rendered in the underlying paternity action. As Elizabeth Ann Green correctly concedes, the trial court erred in failing to hold a hearing on Miller's timely and legally sufficient motion to contest the notice of delinquent child support payment.1 See § 61.14(6)(d), Fla. Stat. (2020) ("The court shall hear the obligor's motion to contest the impending judgment within 15 days after the date of filing of the motion." (emphasis added)); see also § 61.14(6)(c) (stating that a motion to contest must be filed within fifteen days after service of the notice of delinquency and can only raise the ground "of a mistake of fact regarding an error in whether a delinquency exists, in the amount of the delinquency, or in the identity of the obligor").
As to Miller's remaining challenges, we affirm without comment the orders denying his motion to vacate timesharing restrictions and his motion for temporary attorney's fees. We treat his notice of appeal of the order denying his motion for appointment of a guardian ad litem as a petition for writ of certiorari, see Fla. R. App. P. 9.040(c), and deny the same.
Affirmed in part; reversed in part; remanded. 1 This court has jurisdiction to review the trial court's order denying Miller's motion to contest. See Fla. R. App. P. 9.030(b)(1)(A).
Under section 61.14(6)(d), Florida Statutes (2020), the amount of delinquency stated in the notice and all other amounts due "become a final judgment by operation of law" upon the trial court's denial of a motion to contest the impending judgment.
Petition denied. MORRIS, C.J., and SILBERMAN and ROTHSTEIN-YOUAKIM, JJ., Concur. Opinion subject to revision prior to official publication.