Wednesday, November 28, 2012

On settlements

The change in Child Support documentation is coming December 1, 2012.


We sent out a blast (click here) to all of our users today, to reinforce the earlier communications.


Questions we have received:


12.03.12


In regards to the new Child Support Request. If a case has settled at mediation, with multiple JCC numbers/Dates of accidents, and the cases are not consolidated, must we e-file the Request for Child Support on every OJCC number?


No, you may request the data one time, but do include that with each settlement motion submitted.


Can you please advise whether child support documentation is required to be filed with an ex-parte motion for attorneys fees.


No. The child support information is required when the injured worker is receiving money from which that support might be appropriately recouped. See Rules 60Q6.123(1) and (2).


11.28.12


Where does the "50% rule" come from?


There is no rule on the recoupment of child support. There are some patterns and practices. Generally, it is believed by many that 50% of the settlement should be a cap on the amount recovered. However, under the statute, the decision is up to the presiding Judge. See Judge Walker's memo on this http://www.fljcc.org/JCC/resources/childsupport/ChildSupport50Policy.pdf


11.27.12


Do we have to efile the document with DOAH and then receive a response back? And would we have to then efile that response with the washout documents?


Yes. The process remains the same. That is, you get the Child support information from us whenever you wish. Then if you do settle, you attach our response to the motion (represented claimant) or joint petition (unrepresented claimant) you file. We understand, this seems redundant. We are in the beginning of an evolving process however, and this is the first step. This step saves postage, long distance, and time (e-file instead of fax).

1 comment:

  1. In regards to the new Child Support Request. If a case has settled at mediation, with multiple JCC numbers/Dates of accidents, and the cases are not consolidated, must we e-file the Request for Child Support on every OJCC number? settlement quote

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