Posted by Nydia Streets of Streets Law in Florida Child Support
Can you object to having a hearing officer preside over your Florida child support case and instead request that a judge hear the case? This was an issue in Smith v. Smith, 3D24-0687 (Fla. 3d DCA March 5, 2025).
The trial court awarded child support arrearages to the mother for the parties’ 16-year old son. The father appealed, arguing it was error for the trial court to deny his request for continuance of the final hearing and that it was improper to refer his case to a child support hearing officer.
First, the appellate court found no abuse of discretion in the denial of the father’s last-minute request for continuance of the hearing. Next, as to the father’s argument that it was improper to refer the matter for hearing to an hearing officer, the court held “Casting aside the fact that Florida Family Law Rule of Procedure 12.491 provides no mechanism for objecting to the referral of a hearing officer regarding child support matters, here, the father raised no objection below.” The final judgment was affirmed.
Schedule your meeting with a Miami family law attorney to determine the next best steps in your case.