How Do I?

Frequently asked questions about:

Child support and/or visitation:

How do I have my child support payments modified because the payments are too high; I am disabled; I am out of work; the child is living with me; the child is deceased?
If you want child support payments lowered or discontinued, a written Petition for Modification must be filed with the court, specifically stating what is wanted and why. The Petition, accompanied by a current financial affidavit, must be personally served on the former spouse, and a hearing must be scheduled before a judge, General Magistrate, or Hearing Officer.

How do I get a former spouse to pay court-ordered child support? When possible, it is recommended that you be represented by an attorney in all court matters. If you are representing yourself, the judge/general magistrate/hearing officer will not speak with you about lack of payment until a written motion has been filed, and you have properly scheduled a hearing with notice to all parties. Either of two forms may be used for this issue:
- Motion form;
- Package 9-Motion for Contempt or Enforcement. Package 9 forms and guidelines may also be obtained from the clerk’s office
You should fill the forms out the best you can, telling the judge what it is you want and why. You must then file your motion, send a copy to the other party and call to schedule a hearing. Depending upon where your case is located, you may also be required to send the other party a Notice of Hearing. You might also contact the Florida Department of Revenue at 850-488-5437 to request its assistance in obtaining your child support.

My ex-spouse changed jobs, and now, I'm not receiving the child support payments that I am entitled to. What should I do?
If you have Department of Revenue (DOR) Child Support Enforcement, DOR is supposed to send the income deduction order to the new employer. If you are not represented by DOR, you can obtain a CERTIFIED copy of the income deduction order from the court file and send it to the new employer yourself. Florida statutes require that it be sent by CERTIFIED MAIL RETURN RECEIPT. If payments have been missed, you may ask the court to add the missing amounts to his/her current payments.

The non-custodial parent took the child for visitation, and now he/she won't return the child. How do I regain custody of our child who is being kept by the non-custodial parent? If you feel the child is in some kind of immediate danger in the other parent's home, you should contact the Florida Department of Children and Families at 1-800-96-ABUSE (1-800-962-2873. If the child is not in Florida you should contact the authorities responsible for abuse allegations in the jurisdiction where the child is located. If the child is not in any danger, you should contact your attorney.

If you are not represented by an attorney, you may file for a hearing before a judge by using Package 9 forms, designed to assist persons representing themselves.

If there is a need for the court’s immediate attention in this matter, in Pinellas County you may call the Family Law Pro Se Department at (727) 582-7200. In Pasco County, you may call the Legal Resource Center at 1 (800) 368-2411, either ext. 4542 or 8031 to inquire about procedures for filing for an emergency hearing.

NOTE: This kind of question can be complicated, especially if the child is not in Florida. As in all court matters, it is recommended that an attorney be consulted when possible.

How can I get a visitation and/or child support order that came from another state transferred into this court?
- Visitation: If you have another jurisdiction’s order or judgment that you want enforced locally, you must register the order with the local clerk’s office and then ask the local Court to enforce it. The clerk will require an original certified copy (with original notary seals) of the out-of-state order. For information about this procedure, you should contact the Pinellas County clerk of court (727-464-7000) or Pasco County clerk of court (727-847-8181).
  NOTE: if the child doesn’t reside in Florida, you may need to pursue this matter in the state where the child resides.
- Child Support: You should first contact the Department of Revenue for assistance in having an out-of-jurisdiction child support order enforced. If that is unsuccessful, follow the directions shown above for enforcement of non-local visitation orders. NOTE: There are many legal issues involved in enforcing or modifying a child support order. If one parent doesn’t reside in Florida, it is recommended that you seek advice from an attorney.

Court filings:

How do I check on the status of paperwork that I filed with the court?
When forms, documents and other paperwork relating to a matter before the court are “filed,” they become part of the court file on that case, and the clerk of the court where the case is pending is the custodian of all such files. Any questions about such forms, documents, etc., should be directed to the clerk’s office.

Courtroom facilities & equipment:

How do I schedule a video conference or reserve equipment that will be needed for a trial or hearing?
To schedule the use of any audio/video equipment maintained by the court, call 727-453-7928. Equipment reservations should be phoned in a minimum of seven days in advance of the proceeding. If you are requesting use of the Nomad evidence presentation system, the person who will be using the equipment must be trained. To schedule training, call the above numbers. NOTE: When calling to schedule equipment, please have all necessary information (courtroom time of hearing, etc.).

Divorce:

How do I get a divorce?
If children are involved, you cannot get a simplified divorce even if you and your spouse are not contesting anything.

If you have children, think your divorce might be contested, or cannot find your spouse, you should have a lawyer. But if you must proceed without a lawyer, contact the clerk of court for forms to be used in filing a Petition for Dissolution of Marriage. There are several mandatory forms that must be filed in cases with minor children, such as a Financial Affidavit and a Uniform Child Custody Jurisdiction and Enforcement Act affidavit. You must also attend, in person, an approved parent education and family stabilization course. NOTE: Court approval is required before you may attend an on-line course.

How can divorce documents be served on a spouse whose whereabouts are unknown?
When a spouse cannot be located so that he/she can be personally served with a Dissolution (divorce) petition, a method called “Constructive Service” should be explored. The clerk of court should be contacted for more information on this technical area of the law, and legal advice is strongly recommended. Failure to correctly follow the law may prevent a finalization of the divorce.
How can I make an ex-spouse pay alimony that is owed to me?
The Department of Revenue, which assists in the collection of child support, does not participate in the collection of alimony unless unpaid child support payments are also involved. When possible, it is recommended that you be represented by an attorney in all court matters. If you are representing yourself, you may use Package 9 forms, designed to help individuals representing themselves in such matters.

You should fill the forms out the best you can, telling the judge what it is you want and why. You must then file your motion, send a copy to the other party and call to schedule a hearing. You must call for your own court date.

Domestic Violence Injunctions:

How do I file a domestic violence injunction?
A Domestic Violence injunction (sometimes called a restraining order) can be filed by anyone who is the victim of any act of domestic violence or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence.

A person seeking a domestic violence injunction does not need to be represented by an attorney, and no filing fees are charged for such applications.

To file a domestic violence injunction the person seeking the injunction should go to an office of the clerk of court in the county of residence. In the Sixth Judicial Circuit, the offices are located at:
- Pinellas County Justice Center
  14250 49th St. North
  Clearwater, FL 33772
  Telephone: (727) 464-7000
- Civil Court Records
  315 Court St., Room 170
  Clearwater, FL 33756
  Telephone: (727) 464-7000
- New Port Richey Office
  7530 Little Road
  New Port Richey, FL 34654-5598
  Telephone: (727)847-8176
- St. Petersburg Branch Office
  545 First Ave. North, Room 101
  St. Petersburg, FL 33701
  Telephone: (727) 464-7000
- Dade City Office
  38053 Live Oak Avenue
  Dade City, FL 33523-3805
  Telephone: (352)521-4517

When seeking an injunction be sure to have your driver’s license or other type of identification.

The Process:

1. Filing: After you file your paperwork it will be forwarded to a judge for review.

2. The temporary injunction: A judge will review the petition and decide whether or not to grant a temporary injunction on an emergency basis.

When granted, the temporary injunction shall be in effect for 15 days unless extended by a court order. The temporary injunction is valid and enforceable in all courts of the State of Florida. The temporary injunction will address matters of contact between the parties, temporary use and possession of the home and temporary custody of the minor child(ren). A “return” hearing will be scheduled with notice given to the other side at which time the court will decide whether to extend the injunction.

Note: If the temporary injunction is denied, the Court may still set a hearing at which the judge will consider entering a permanent (non-emergency) injunction.

3. The return hearing: At the return hearing the judge will hear the facts of the case and decide whether a final judgment of injunction will be granted. A final judgment of injunction can be granted for any length of time, or can be permanent.

4. Final Judgment of injunction: A final injunction may – depending on the type of action filed – address provisions for contact, temporary exclusive use and possession of the home, temporary support, temporary custody and visitation with the parties’ minor child(ren) and payment of temporary child support. The custody, support, and visitation issues may be heard on the day of the hearing or referred to a magistrate to be heard at another time.

The final judgment of injunction is valid and enforceable in all courts in the State of Florida. Under the injunction, the judge may order that a respondent enter and successfully complete an anger management course, mental health evaluation, drug screening or certified batterer’s intervention program.

5. Violations: If you feel that the other party has violated the contact provisions of the temporary or final judgment of injunction, you may go to the Domestic Violence desk in the clerk’s office and file an affidavit of violation or other appropriate pleading.

Your affidavit will be reviewed by a judge and may either be set for a Civil Court hearing or referred to the State Attorney’s Office to be pursued as a criminal violation of the injunction. You may also report violations to law enforcement agencies.

6. Enforcement: If the final judgment of injunction for domestic violence awards child
support, custody or visitation and the other party is not complying with those provisions you may contact the clerk of Court, Domestic Violence desk, regarding a motion to enforce.

7. Modifications: The motion for modification of an injunction form is available at the
clerk’s office. Either party may file a motion for modification if they feel there is some portion of the restraining order that needs to be modified. Modifications can be requested because of a change in circumstances, work place, etc. A hearing may or may not be set on a motion for modification.

8. Requests for Dismissal: Either party may file a motion to dismiss the injunction. A judge will review the motion. If necessary, a hearing may be set on the request for dismissal.

9. Other court proceedings: Although a final injunction may be entered as a permanent order, provisions for child support and visitation are considered to be temporary only. Those issues are better disposed of in dissolution of marriage case (for married parties) or paternity case (for unmarried parties). The injunction should not be used as a substitute for those legal actions.

Guardianship:

How do I get notices of actions, reports, updates about my mother, who has a guardian?
In order to receive notifications of hearings, copies of reports and updates on a ward's status, the requestor must be considered an "Interested Party." A written request, formally called "A Request for Notice and Copies"- Probate Rule 5.060, must be submitted to the clerk of the Court. The clerk will forward the request to the attorney of record, i.e. the guardian's attorney, who will be responsible for providing future notifications. An “Interested Party” does not need an attorney to file this request.

Interpreters:

How does one become an interpreter for non-English-speaking persons who are involved in court proceedings?
In the Sixth Judicial Circuit, the circumstances under which the Court will provide an interpreter and the standards and certification process for persons wishing to serve as interpreters are outlined in Administrative Order No. 2018-034 PA/PI-CIR.

Parent education & family stabilization courses:

How do I complete the parent education and family stabilization course I was ordered to take?
- Consult the list of approved providers
- Register for the class.
- Go to the place the class is being held and complete the class.
- A certificate of completion from the class provider will then be filed in your Court file.
  
  NOTE: Litigants must attend in-person classroom instruction in an approved course unless special circumstances exist. Litigants who are unable to attend in-person classroom instruction must first receive court approval before participating in distance learning or an on-line course. Court approval will be based on a demonstration that “special circumstances” exist.
  
  Out-of-County/Out-of-State Parties to the case: If one party in the case does not live in the Florida county where the case has been filed, they may usually take a similar class that is offered in their Florida county of residence. An out-of-state party should contact their local clerk of court to determine what agency offers the class required in their state and where to go to register for it locally. If the out-of-state person’s local court does not require a class of this type in divorce/paternity cases, the local agency that oversees the welfare of juveniles in that jurisdiction should be able to provide information on similar types of classes available in that area. After the class has been completed, a copy of the certificate of completion should be sent to the clerk of Court in the county where the case is filed.

Representing yourself in family court:

When a person does not have access to an attorney or chooses to represent themselves in court procedures, what resources are available?
- How do I file a motion for a name change?
- How do I file a motion for dissolution of marriage with and without children?
- How do I file a motion for modification of child support?

The term “pro se” is used to describe persons who represent themselves in legal procedures. While it is always best to be represented by an attorney, you have the right to represent yourself in a court of law. However, if you represent yourself, you will be expected to follow the same rules and procedures that attorneys must follow. The judge may not do anything that might give an appearance of being partial to either side. This means the judge may not give legal advice, and he/she may not have contact with either party without the other being present.

The Sixth Judicial Circuit maintains extensive website information, published to assist “pro se” litigants. This information – including rules, procedures, tips, checklists, forms, other sources of information, etc. – is available on the Representing Yourself.

Court staff may assist you with procedures only, and very often there is a fine line between procedural information and legal advice. Staff cannot give legal advice. Procedural information includes such matters as where to obtain forms for some procedures, how to file a petition, answer requirements, service requirements on common procedures, how to get a default, how to file a motion, how to get a hearing, etc. Basically, questions must be taken individually, and Court staff must make a judgment as to whether or not the question involves giving legal advice.

In Pinellas County, pro se litigants may contact the clerk’s office at 727-464-7000; the pro se phone line 727-582-7200; or visit the website listed above.

In Pasco County, pro se litigants may visit the Legal Resource Center located in New Port Richey and Dade City at the following locations: New Port Richey: West Pasco Judicial Center, 7530 Little Road, New Port Richey, FL; Dade City: Pasco County Courthouse, 38053 Live Oak Ave, Dade City, FL or visit https://www.pascoclerk.com/330/Legal-Resource-Center

Restoration of civil rights:

How does a person who has completed sanctions resulting from a court conviction have his or her civil rights restored, have a criminal record expunged, or become eligible to vote?
Write a letter to: Executive Clemency, 2601 Blair Stone Road, Building C, Room 229, Tallahassee, FL 32399, telephone (850) 488-2952.

Termination of parental rights:

How can I terminate the other parents' parental rights?
Generally this is done as part of an adoption. If you aren't filing an adoption you'll need to speak to a lawyer. Usually only the state can terminate parental rights, and it's done as a part of a case involving charges of abuse and/or neglect.

Transportation to court:

If a disabled or otherwise disadvantaged person who is without transportation has to appear in court, how does that person get there on time?
It is the responsibility of persons who are to appear in court to arrange their own means of transportation. Assistance in such matters may be provided by:
- Pasco County Public Transportation, phone: 727-834-3322
- Pinellas-Suncoast Transit Authority, phone: 727-540-1800
- Pinellas Office of Human Rights: 727-464-4062