[mystical2570]

I need to find a Florida form to file with the courts to close a case. My x-husband filed a petition for modification to change child support/custody then months later his attorney withdrew from case from his lack of compliance. I being, Pro-Se, filed everything that was required and within the time constraints. The case basically has been abandoned. Child support enforcement will not move forward until this case is considered abandoned by the courts and he has not paid since he abandoned the case back in April and owes in the arrears of $7,800. And he continues to not pay as the State is taking no actions against him besides suspending his drivers license before this case was opened. So, is there a form I can file to get this case closed so I can move forward with child support enforcement on actions against him for non-payment? I would really appreciate any guidance.

Thank you for your time,
Lori

[ScottGem]

You file a motion to dismiss on the grounds that he has not pursued the case.

[mystical2570]

Is that just the general motion to dismiss form? As I have search the clerk of courts and can not seem to find one specific to this type of case.

[ScottGem]

A general form should be enough. You fill in the grounds.

[AK lawyer]

The child support agency is not doing anything because there is a pending court case? Seems odd: that is what the pending case is about, if I understand you correctly.

[mystical2570]

These are the forms that are posted on sarasota county clerk of courts for civil cases, For some reason I am having a hard time just finding a form for a Motion to Dismiss, Is there one in this list that would be comparable ?

Sarasota county civil forms:
Address Change
Affidavit
Affidavit as to Defendant's Default in Payment (To be submitted with Final Judgment /Order)
Affidavit of Noncompliance and Demand for Trial
Affidavit to Credit for Direct Support Payment(s)
Affidavit (Respondent)
Central Depository Information Sheet
Civil Cover Sheet
Cover Sheet for Family Court Cases
Declaration of Domicile
Disposition of Personal Property
Final Disposition Form
Final Judgment /Order (To be used with Affidavit As to Defendant's Default in Payment)
Motion for Contempt
Motion for Rule to Show Cause
Notice of Confidential Information within Court Filing Form
Notice of Dismissal
Notice of Hearing
Notice of South County Origin
Order of Contempt and Warrant of Attachment
Request to Initiate Suspension of Delinquent Obligator's Driver's License
Residential Eviction: Non-Compliance of Lease
Residential Eviction: Non-Payment of Rent (Possession Only)
Residential Eviction: Non-Payment of Rent (Possession and Damages)
Rule to Show Cause
Statement of Claim
Subpoena Duces Tecum for Deposition
Subpoena Duces Tecum for Trial
Subpoena Duces Tecum without Deposition
Subpoena for Deposition
Subpoena for Trial
Suggestions for Collecting Money Judgments
Violation of Injunction Protecting from Domestic/Repeat Violence
Value of Real Property or Mortgage Foreclosure Claim/Crossclaim/Counterclaim/Counterpetition/Third–Party Complaint


Thank you for your time,
Lori

[mystical2570]

The child support agency is not doing anything because there is a pending court case? Seems odd: that is what the pending case is about, if I understand you correctly.

I agree, as the child support enforcement agency put it, is that they just see a case opened and that we could be in litigation for the amounts that are due and until the case is either addressed, abandoned or closed, their hands are tied. I know it sounds ridiculous to me, also. I have realized Sarasota operates of a different beat and it is very difficult to bring someone to justice and the system is very slow, you have to stay on top of it every second.

[ScottGem]

I agree, as the child support enforcement agency put it, is that they just see a case opened and that we could be in litigation for the amounts that are due and until the case is either addressed, abandoned or closed, their hands are tied. I know it sounds ridiculous to me, also. I have realized Sarasota operates of a different beat and it is very difficult to bring someone to justice and the system is very slow, you have to stay on top of it every second.

My question here is whether this is about an initial support order or a modification. If it's the initial order, then I can understand their position. But if it's a modification and there is a standing order in place, then they are wrong. They have to enforce a standing order until another order replaces it.

[mystical2570]

My question here is whether this is about an initial support order or a modification. If its the initial order, then I can understand their position. But if its a modification and there is a standing order in place, then they are wrong. They have to enforce a standing order until another order replaces it.

It is a modification.
And, I agree but they will not until I can get the case abandoned or closed. They said that they were going to put in a motion to abandon but it still has not yet been done, they keep saying its in the process but I have seen nothing to support that. That is why I would like to file a motion myself as this has gone on long enough with no action and it is my children who are the ones suffering. I am having trouble finding the right form to file though as the ones the county has does not apply, the one that states Notice to dismissal, is for a voluntary dismissal and I do not see another form that would be appropriate.

[AK lawyer]

What you need to understand is that the pre-drafted forms available on the court's web-site are not the only things you may file. Attorneys do that all the time, but there is nothing stopping you from doing it yourself.

If it's not on the list, and it appears that it's not, you would have to draft your own. In this case, what you would do would be a motion to dismiss. In it, you would inform the judge that your ex has failed to prosecute his case and therefore it should be dismissed.