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MIAMI v. BROWARD: Does it matter the place my case is filed?

By DADvocacy™ | August 20, 2019

The place your case is filed makes a world of distinction as to technique, expediency, and providers. More often than not, you’ll not have an possibility as to the place to start your case as there are jurisdictional necessities as to the place your case can start. These variations are strikingly obvious whenever you file a Household matter in Broward county versus Miami-Dade County. Whether or not it’s a baby help matter, divorce, or a modification, each court docket programs have advantages and drawbacks.

For baby help issues by means of the Division of Income (DOR) that happen in Broward, there’s an administrative rule (principally an ‘in-house’ rule) that may complicate your case versus Miami-Dade County. Below Administrative Rule 2014-22-UFC, you aren’t allowed to switch your baby help case outdoors of the management of DOR. Principally, what which means is that if in case you have a baby help case with DOR, your petition for timesharing and modification of kid help will likely be met with a movement to dismiss AND it should doubtless BE dismissed. That is not like Miami-Dade County that enables for the switch of the circumstances, that means that, underneath sure circumstances, you may tackle each baby help by means of DOR and timesharing on the identical time. This very refined distinction can decide the long-term technique as to the way you deal with your case.

An enormous distinction between the Counties relating to Household Legislation issues is the implementation of the Standing Quo Order. In Miami-Dade County, the Chief Choose has instituted a standing order all through the County {that a} Household matter filed with the Court docket falls underneath the safety of a established order order instantly upon submitting of the petition. In a nutshell, it permits for sure protections from the Court docket with out the necessity of a listening to or a separate movement. This isn’t the case in Broward. In Broward County, you would need to work quick and file the required motions to determine these sure protections.

Each counties do supply household help applications relating to counseling (Broward County- FACES; Miami-Dade County – Household Court docket Providers), however Miami-Dade County’s Household Court docket Providers program is extra intensive and gives a few of these applications for free of charge. Nevertheless, this program acts as a “double edge sword” normally as these applications are likely to delay the circumstances to a crawl and have been recognized to delay circumstances for a number of months earlier than shifting the circumstances ahead. Every County is totally different in its personal approach and figuring out how one can navigate the court docket system of every County is significant to the general technique and consequence of your case.

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