Legal Services

An Attorney appears on behalf of the Department of Revenue to obtain child support when an individual requests CSP services. Learn all about what we can do and how the process works through the following links:

• Establishing Paternity
• Getting Child Support Orders
• Enforcing Child Support Orders
• Changing Child Support Orders
• Getting Ready for and Attending your Hearing
• What happens in the hearing or trial
• What to expect after the hearing or trial

What the Legal Staff can do for you

DOR's participation and the Attorney's representation are limited in scope as set forth in section 409.2564(5), Florida Statutes. Pursuant to Rule 12.040(c)(2), Florida Family Law Rules, DOR hereby notifies the parties that the DOR Attorney represents only DOR, and not the recipient of DOR child support services. The DOR Attorney may only address issues concerning determination of paternity, and establishment, modification, and enforcement of support obligations.

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Getting Ready for and Attending your Hearing

Location

• Manatee County Judicial Center located:
• 1051 Manatee Avenue West, Bradenton Florida 34206. Most domestic relations hearings are held on the third floor in hearing rooms 1-3.
• Map to the Judicial Center
• Parking: You may park at the City of Bradenton Parking Garage located at the corner of 8th Avenue and 12th Street West in downtown Bradenton. There is a charge at the garage and correct change is required.

Dress

• Please dress appropriately for court, as it is your opportunity to present yourself in the best light possible. Please do not wear shorts, t-shirts, jeans or revealing items or you may not be allowed in the courtroom.

Attendance

• Attendance at your hearings is important to ensure that you have a voice in the outcome of the proceeding. Often, your testimony is the only evidence available to the critical issues about which the Judge will make a decision regarding your life.
• Without your presence, CSP cannot respond to assertions made by the other party to the case. This failure could result in the reduction of your child support or arrears.   
• You can check your case to see if the other party has been served with copies of the pleadings using your party access to the Clerk's electronic court records website.
• Time required for hearings may take up to two hours, though your matter could take less time.
• Please note that despite having verified that your attendance is necessary, unforeseen circumstances may occur which would prevent the hearing from going forward. We apologize for any inconvenience this may cause you.

Domestic Violence

• If you are concerned for your safety due to domestic violence, please tell the court deputy, who will separate the parties and do his or her best to monitor the parties.

Upon Arrival at the Courtroom

• Check in with the bailiff outside of the courtroom and have a seat. Your name will be called when it is time for your case to be heard before the court.
• Our Court Team will then check both parties in and update necessary contact and other information.   During this brief meeting, both parties may take an opportunity to settle the claims pending before the Court.  
• Our Court Team members are not lawyers, and may not give you legal advice.  They are simply present to review your options and facilitate a settlement on some or all of the matters before the Court. 
• If a settlement is reached the Court Team will provide the information to the Attorney and the Court, and a Finding and Recommended Order will be issued as stated below. 

Court Proceedings

Court Interpreters 

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What happens in the hearing or trial

Each of the different types of cases involves different issues but the process and behavior required in the courtroom is very similar. The Bailiff will call the names of the parties from the doorway and each party will enter the courtroom. The Deputy will instruct you about where to sit. Also present in the room will be the Bailiff, a Trial Clerk, an Attorney for DOR and the Support Enforcement Hearing Officer, General Magistrate or Judge, depending on the type of hearing.

EVERYTHING that you say will be recorded and placed into the record whenever the solid blue light on the judicial bench is lit.  

The matters/issues the Court will take testimony (statements) about will deal with your finances, related to child support and the child(ren.) Both parties will be asked similar questions.  If there are witnesses, they will be able to testify about child support related topics only. Typical types of issues that may be addressed by additional witnesses are: cost of daycare, parenting time, direct payments, extraordinary medical costs, etc.

At the conclusion of the testimony and after the taking of all admissible evidence, the Hearing Officer, General Magistrate or Judge will make a decision. Typically, the ruling is stated from the bench, though occasionally the case may be taken under advisement, and a formal written Judgment will be released.  You will be copied as stated below.

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What to expect after the hearing or trial

A Finding and Recommeded Order reflecting the Hearing Officer's ruling will be prepared as soon as possible after the hearing. Once signed, the Recommended Order is released to the Circuit Judge who reviews and signs a Judgment/Order approving the Recommendation. Once that process is completed, the Order/Judgement becomes a part of the permanent court docket for the case and a copy is mailed to the parties.

For both Paternity and Support Petitions, there is a process to allow either party to contest the Recommendation of the Hearing Officer/Magistrate. There are timeframes for contesting that must be met to receive a review, which are specified in that document. 

If a Motion to Vacate is filed by either party, the original must be filed with Clerk of Court, Family Division.  A copy of the Motion should be kept by the filer, and a copy must be provided to the other party and the Child Support Legal Department. The filing party must obtain and pay for a transcript of the proceeding. A hearing will be set pursuant to Rules of Court.

If an Appeal is filed, the DOR Attorney will coordinate with the Department of Revenue to determine how to proceed.  You will be mailed copies of these decisions. 

COMPLIANCE