THE RECORD SHOWS THE FINAL ORDER OF SUPPORT IS VALID AND THAT THE DOR KNEW CAMERON WAS

BACK HOME WITH HIS MOTHER ON 18 JUNE 2008. ALL OTHER ISSUES RAISED BY THE DOR APPEAR TO BE RED HERRINGS We all agree that current (ongoing) child support for CAMERON A. AGUERO (Ca eron!) "as E#$A%&'#(E) *+ the ,alid -'NA& OR)ER O- #U..OR$! filed on -rida+/ 01 -e*ruar+ 2332 (the 2332 Order!) (see Appellant4s 'nitial %rief Appendi5/ IB A 001 ! A 00"/ Appellee4s Ans"er %rief Appendi5 A#1#"/ and IB A 00$/ 6 0.). #ince 7anuar+ 2303/ Appellant has sought to EN-ORCE the 2332 Order/ NO$ odif+! it. $he 2332 Order ne,er ceased to *e ,alid and "as not odified prior to April

2300. 'n spite of this fact/ the )oR contends that there "as no order for current support fro 00 7anuar+ 2338 to 20 April 2300. (IB A 18%/ 6 9.*.) $he record sho"s no notice of otion to odif+! and no otion to odif+! the

collection of :1;.20 per WEE< for the support of the

inor child =Ca eron>! fro

7ac? R. Aguero '' (7ac? or Mr. Aguero) (see IB A 00&/ first sentence) prior to 20 April 2300. $he )oR has failed to sho" an+ e,idence of a notice of otion to otion to odif+! or a

odif+! the 2332 Order prior to 20 April 2300. 'n spite of this fact/ the lo"er

court accepted the )oR4s erroneous contention that there "as no order for current support fro 00 7anuar+ 2338 to 20 April 2300/ a period of appro5i atel+ 0@3 "ee?s.

Current support of :1;.20 ti es 0@3 "ee?s should ha,e *een :A/111.@3/ arrears of :09.@A (IB A 00'/ 6 0.) ti es 0@3 "ee?s should ha,e *een :2/9BB.93. (ad the :2/9BB.93 *een applied to the :00/A01.@2 in arrrears (IB A 010/ 2nd sentence/ and IB 2)02CB119 0 Appellant4s Repl+ %rief

A 0%2/ 6 03.) 7ac? "ould ha,e o"ed :A/1@0.B2 plus :8B3 in arrears fro

the

odification order of 28 7ul+ 2300/ "hich eDuals :03/B00.B2 in accrued arrears as of 28 7ul+ 2300/ plus interest/ that has not *een paid. According to the )oR/ Appellant is not entitled to this :03/B00.B2 plus interestE $his situation is not 7ac?4s fault nor Appellant4s. $he )oR is responsi*le for this ess. $he )oR has not "anted to fi5 this and the )oR fro ha,ing to fi5 itE

attorne+s ?eep thro"ing out red herrings to ?eep the

One )oR attorne+/ Nicolle R. #choeppner/ "roteF .rior to this Court4s 7ul+ 2@/ 2300 order/ Mr. J()* Aguero had not *een under an+ order to pa+ ongoing child support for +ears.! (IB A 18%/ 6 9.*.) Ms. #choeppner4s state ent is contrar+ to the )oR4s position that &aura "as getting current support! for the period fro 7anuar+ 2338 to April 233A.

'f Ms. #choeppner4s state ent "as true/ then the April 233A order closing &aura4s case "as oot and unnecessar+. #o/ "h+ "ould the )oR "ant her to sign a paper to stop!

an+ support going to her "hen there "as no order for current supportG 'f there "as no current support for that ti e period/ then no arrears "ere accruing. 'n April 233A/ the )oR did not infor &aura that there "as no order for current support.

At the 0 #epte *er 2300 hearing (transcript IB A 0'&)/ the Court saidF (e =7ac?> H in 2338 he paid :112A.18 and then in 233A he paid :;12;.0B. #o/ for a total of :02/311.@2.! (IB A 0'8/ l. @CA) Appellant (.etitioner) then as?edF #o/ *asicall+/ e,er+thing he "as pa+ing "as to"ards arrearsG #o/ ' did not ha,e a current child support for that period of ti eG! (IB A 0'8/ l. 03C02) )oR attorne+/ Mele+ &orren/ saidF No/

2)02CB119

Appellant4s Repl+ %rief

*ecause he "as pa+ing current support to the aunt at the ti e....!0 (IB A 0'8/ l. 03C01) Appellant as?ed/ =(>o" can she =&aura> sign off + arrearsG! (IB A 0'+/ l. 8CA) Ms.

&orren said/ #he did not sign off on +our arrears. #he signed off on "hat "as o"ed to her.! (IB A 0'+/ l. 03C00) Ms. &orren continuesF $he+ paid +ou :02/333.33 of +our arrears fro *efore then. At that point/ there "as no support at all *ecause the

depart ent did not ?no" "here the child "as at. %ecause she =&aura> H she apparentl+ did not tell the depart ent that the child "ent *ac? to +ou.! (IB A 0'+/ l. 00C0;) $his state ent is disingenuous *ecause the )oR has ad itted that Appellant/ <ellie/ infor ed the al ost a +ear earlier/ on 08 7une 2338/ that she had her *o+s *ac?.

Ms. #choeppner "rote $here is a longCstanding presu ption that a pu*lic officer has perfor ed his dut+....! (IB A 188/ B.a./ 69). A careful reading of the papers in +

'nitial %rief4s Appendi5 "ill refute that presu ption in this case. Ms. #choeppner "rote
K,--., Ms. Motil clai s that she infor ed the )epart ent of Re,enue that the

inor child is

returned to her ho e on 7une 08/ 2338. $he testi on+ surrounding this clai

conflicting.! (IB A 188/ B.a./ 62) (o"e,er/ in the ne5t paragraph Ms. #choeppner
K,--., "rites that the )epart ent4s case histor+ notes indicate that ... Ms. Motil did initiate

telephone contact se,eral ti es on ... 7une 08/ 2338....! (IB A 188/ B.a./ 69) #o/ Ms. #choeppner states/ on the record/ that Appellant did/ in fact/ contact the )oR se,eral ti es! on the da+ she got her t"o *o+s *ac?. Ms. #choeppner "rites that Appellant "as

0 &aura ne,er recei,ed an+ :1;.20 pa+ ents for current support! of Ca eron. 2)02CB119 9 Appellant4s Repl+ %rief

told to support her clai is e,ident fro

that the child returned to her ho e....! (IB A 188/ B.a./ 6B) 't

Ms. #choeppner4s "ritten state ents/ that Appellant did contact the )oR the )oR that the inor child returned to her

on 08 7une 2338 and that she did infor

ho e on 7une 08/ 2338.! (IB A 188/ B.a./ 62) 'n spite of the )oR4s ad ission that Appellant did infor the )oR that Ca eron

"as *ac? ho e on 08 7une 2338/ Ms. #choeppner "rites $he )epart ent still contends
K,--., that Ms. Motil did not pro,ide docu entation to support her clai

that the

inor

children returned to her ho e.! (IB A 188/ B.*./ 60) Contrar+ to the )oR4s contention/ Appellant did pro,ide the reDuested docu entation in the for of a cop+ of the Me o

of Court (earing/ ReF Reunification! dated 08 7une 2338 (IB A 01%) "hich sa+s in handC"riting/ )ept to #u* it (o estud+! and Children reunited "IMother.! Appellee o*Jects to this Me o! (IB A 01%) in its Ans"er %rief on page ;. 't is
K,--., the )oR4s alternati,e position that Ms. Motil did not pro,ide an+ docu entation to

support her clai

that the child returned to her ho e....! (IB A 188/ B.*./ 6 0) At the 28

7une 2302 hearing/ Ms. #choeppner as?ed #ara (ard"a+/ a )oR re,enue specialist ''!
K,--., (IB A 1'2/ l. 09 H A 1'&/ l. 0)F When did Ms. Motil co e in to let the )epart ent

?no" that Ca eron "as *ac? "ith herG! (IB A 1''/ l. @C8) Ms. (ard"a+ said/ ... on ;I08 of 2338/ she called the office and said she had the order putting the children *ac? in her ho e/ or the child *ac? in her ho e/ and she "as told to *ring in the order for inta?e to start child support again.! (IB A 1''/ l. 0AC29)

2)02CB119

Appellant4s Repl+ %rief

At the 28 7une 2302 hearing/ Appellant (.etitioner) crossCe5a ined Ms. (ard"a+ and said/ When ' called the )epart ent of Re,enue the da+ ' ca e fro told court/ the+

e to *ring this paper"or?2 in. ' ca e in that da+ and *rought the paper"or? in.!

$he Court interrupted her and said/ 's that a Duestion. Kou don4t need to tell her "hat +ou4re sa+ing happened. What +ou need to do is as? her Duestions.! (IB A 1'$/ l. 29 H A 1'%/ l. 1) $hen Appellant as?ed Ms. (ard"a+/ Once +ou "ere notified *+ had the children *ac?/ did +ou e that '

a?e an+ effort to reDuest a hearing or reCorder in e as

"hate,er H +ou said a hearing to reCesta*lish the redirect co ing *ac? to

reDuested *+ &aura nu erous ti esG! (IB A 1'%/ l. 8C09) Ms. (ard"a+ replied/ No/ ' don4t H ' don4t sho" an+ other reDuests/ no. We Just as?ed +ou to *ring in the order for inta?e to start child support on 7une 8th =sic/ 08th>.! Appellant then said/ #o *asicall+/ once +ou recei,ed that =the Me o of Court (earing>/ nothing "as done "ith itG! and Ms. (ard"a+ said/ ' don4t sho" an+ record that "e did an+thing.! (IB A 1'%/ l. 0BC0A/ underlining added) 'n these fe" lines/ the )oR4s "itness ac?no"ledges that the )oR recei,ed! the Me o of Court (earing! and then did nothing. $hus/ it appears fro perfor its dut+ as the )oR4s o"n "itness that the )oR failed to

andated *+ -lorida #tatute B3A.2118(8)(c)/ 2338.

%+ direct e5a ination under oath/ Ms. #hoeppner as?ed Appellant/ Ms. Motil/ K,--.,

2 $he paper"or?! is so eti es referred to as an order! or a e orandu .! 't is entitled Me o of Court (earing! ReF Reunification! and it is dated 08 7une 2338. A cop+ is attached to the 'nitial %rief at IB A 01%. 2)02CB119 1 Appellant4s Repl+ %rief

"hen e5actl+ did +ou get Ca eron *ac?G! Appellant ans"ered 7une 08th of 2338.! $he )oR attorne+ then as?ed Appellant/ And "hen did +ou go into the )epart ent of Re,enue to let the ?no" that Ca eron "as *ac?G! and Appellant replied/ 7une 08/

2338.! (IB A 1&+/ l. 0A H A 1"0/ l.0) Ms. #hoeppner as?ed/ 's there a court order placing Ca eron *ac? "ith +ouG! Appellant testified/ Kes. ... And ' presented that to the )epart ent of Re,enue on 7une 08/ 2338/ this piece of paper here.! $he )oR attorne+ then said/ O?a+. What4s the case nu *erG! Appellant said/ 38C33339AC7.C MA.! (IB A 1"0/ l. 00 H 20) A little later/ Appellant said/ $his is "hat the+ as?ed e to

*ring in. $he+ said that "hen ' go to court/ *ring in the paper"or? sho"ing ' had cusC tod+ *ac?. ' too? in this +ello" sheet of paper/ "hich is the e o of the court hearing. '

sho"ed it to the lad+ *ehind the counter.! (IB A 1"1/ l. 0@ H 20/ underlining added) When the *o+s "ere ta?en fro Appellant in 7anuar+ 2338/ she did not contact the )oR and as? the to redirect either Ca eron4s or %la?e4s current support pa+ ents.

$he )oR/ sua sponte/ filed an un,erified Motion to Redirect Child #upport! on 22 -e*ruar+ 2338.9 $he )oR/ partiall+/ perfor ed its dut+ in filing this s. B3A.2118(@) =sic/ (8)> (c)/ -.#.! "hichLaccording to the )oR4s otion .ursuant to otionLdirects that the child(ren)

child support pa+ ents should *e redirected to the person "ith "ho no" resides effecti,e fro

the date of change.! (IB A 00$/ 6 B). $he )oR did not full+ ail a cop+ of the depart ent4s otion! to

follo" the statute "hen it failed to

9 #ee IB A 00$ ! A 00%. Regarding due process rights/! Appellant/ <ellie/ "as not ser,ed a cop+ of this un,erified otion. 2)02CB119 ; Appellant4s Repl+ %rief

Appellant and it failed to notif+ Appellant (o*ligee) of the court hearing! on the )oR4s otion to redirect in an apparent ,iolation of -.#. B3A.2118(8)(c)B.c./ 2338. $he )oR further failed to/ sua sponte/ o,e the court to ter inate the Redirect

Order after <ellie infor ed the )oR and personall+ *rought the Me o of Court (earing/ ReF ReuniCfication! to the )oR4s #e*ring Office. #ee -.#. B3A.2118(8)(*);./ 2338 regarding credi*le e,idence! regarding the person"ith "ho the child resides.

At this point in the hearing/ the Court spo?e up/ sa+ingF Would +ou sho" her =Ms. (ard"a+> a cop+ of the disposition please/ and tell e orandu G Would +ou loo? that o,er/

e if +ou ha,e a cop+ of that in +our file.! (IB A 1'%/ l. 23C29) $here e orandu

appeared to *e no need to reDuest Judicial notice! of the disposition

(Me o of Court (earing)/ *ecause it "as the lo"er court/ itself/ "ho presented it to the )oR4s "itness. $he )oR4s attorne+ e5pressed no o*Jection to this Me o at the hearing. $he Judge interrupted Appellant and *egan as?ing Ms. (ard"a+ so e Duestions "hich ended *+ the Judge as?ing herF And so +ou ha,e no personal ?no"ledge of "hat +ou4re testif+ing a*outG! and she said/ No.! (IB A 1'8/ l. 23C22) Responding to the lo"er court4s Duestion/ tell e if +ou ha,e a cop+ of that

=Me o of Court (earing> in +our file/! Ms. (ard"a+ said/ ' don4t sho" this in our file. We actuall+ recei,ed a cop+ of this =Me o of> court hearing on AI0I2300.! (IB A 1'8/ l. 2B H AF018/ l. 0). 'nterestingl+/ the )oR filed its .etition for Modification of Child #upport! on 2; April 2300 (IB A 1+2) fi,e (1) onths *efore Ms. (ard"a+ sa+s the

2)02CB119

Appellant4s Repl+ %rief

)oR recei,ed a cop+ of the Me o.! #o/ the "itness/! "ho ad its she has no personal ?no"ledge/ sa+s the e orandu is not in the )oR4s file/! *ut she recogniMed the

Me o "ell enough to sa+ that the )oR recei,ed a cop+! of it three (9) +ears later. #"orn testi on+ and affida,its stating that Appellant infor ed the )oR that she had her *o+s *ac? (IB A 08+/ 6 01 H A 0+0) and that she *rought a cop+ of the order! (Me o of Court (earing) to the )oR4s #e*ring office (IB A 1'%/ l. 0BC0A and A 1"+/ l. BCA)/ "as ne,er refuted *+ an+ co petent e,idence or testi on+ *+ an+ "itness "ith personal ?no"ledge of aterial facts. $hus/ the e,idence in the record supports

Appellant4s testi on+ that she infor ed the )oR that the *o+s "ere *ac? "ith her and that she pro,ided docu entation to support her clai on 08 7une 2338.

After *eing infor ed on 08 7une 2338 *+ Appellant/ that she "as reunified "ith her t"o *o+s/ the )oR did nothing. $hen/ out of the *lue/ on 0@ March 233A/ #ue -oster/ a C#E Re,enue #pecialist/ signed an Affida,it! (IB A 01+) falsel+ stating that &aura has the care/ custod+/ and control of ... CAMERON! (IB A 01+/ 6 2.) and it stated $hat all child support pa+ ents in this case =30C820C-0> should *e ade periodicall+ ...

to &AURA....! (IB A 01+/ 6 9.) $he ReDuest to Close Child #upport Case! signed *+ &aura on 0B April 233A had the "rong case nu *er/ 30C820C-0C-C.! (IB A 020) $he resulting Order of the Court! filed 01 April 233A (IB A 021)/ had the "rong case nu *er/ Appellants (<ellie4s) case nu *erF -C30C820.! $hese errors ade *+ the )oR/

essentiall+/ "iped out A&& CAMERON4# C('&) #U..OR$ for the period of ti e fro

2)02CB119

Appellant4s Repl+ %rief

7anuar+ 2338 to April 2300EGE %oth <ellie4s and Ca eron4s dueCprocess rights "ere ,iolated *+ the )oR4s failure to gi,e notice and an opportunit+ to *e heard *efore eli inating A&& CAMERON4# C('&) #U..OR$ for o,er three (9) +earsE. At the 0 #epte *er 2300 hearing/ the )oR4s attorne+/ Mele+ &orren/ said ' do not *elie,e that )OR ?ne" "here the children "ere/ *ecause instead of redirecting *ac?
K,--., to Ms. Motil the+ Just closed the case.! (IB A 0''/ l. @CA) At the 28 7une 2302 hearing/

the )oR attorne+/ Ms. #choeppner/ as?ed the )oR4s "itness/ #ara (ard"a+F #o =on 0B April 233A> &aura ca e in and said the ?ids aren4t "ith support that ight *e o"ed to e and ' don4t "ant an+ *ac?

eG! (IB A 1'"/ l. 22C2B) Ms. (ard"a+ ans"ered/ Kes.

#o "hat "e do is close our case. 't didn4t close the order.! (IB A 1'"/ l. 21 H A 1''/ l. 0) Appellant agrees that &aura4s case nu *er 30C820C-0 "as closed/ *ut I/ 0.012/ )-34, /5, 360,6! and it should not ha,e closed Appellant4s/ <ellie4s/ case nu *er 30C820C-C. $he 2332 Order "as still ,alid and enforcea*le fro 7anuar+ 2338 to dateE

't "as the 2332 Order that the )oR petitioned the court to odif+! in April 2300. $he )oR did not petition the lo"er court to E#$A%&'#( a ne" order. Current child support for Ca eron had/ alread+/ *een esta*lished *+ the 2332 Order. When &aura4s case "as closed/ it did not ter inate the order to ta?e one+ fro 7ac? as current

support for Ca eron. And/ as Ms. (ard"a+ said/ closing the case did not close the order.! Neither &aura nor the )oR ha,e a right to ter inate a ,alid order for current support for Ca eron "ithout pro,iding due process to Appellant. All the current support

2)02CB119

Appellant4s Repl+ %rief

collected *+ the )oR should go to Appellant/ *ecause it did not go to &aura. A ne" accounting should *e perfor ed in light of the fact that the 2332 Order "as ne,er in,alid and it "as ne,er ter inated. Not to ention that the Redirect Order a+ *e ,oid

ab initio and it "as ne,er enforced *+ the )oR. &aura "ent to the )oR4s #e*ring Office in April 233A to infor not ha,e the *o+s/ that she did not "ant an+ of the support Appellant (<ellie) to get the the that she did

one+ and that she "anted

one+ (IB A 1'1/ l.8 H 29). (o"e,er/ it appears that the one+ (that "as one+ should not go to

)oR assu ed that *ecause &aura did not "ant the child support collected fro 7ac?/ *ut ne,er gi,en to &aura) then that support

<ellie or to Ca eron or to an+one. %ecause the )oR contends that there "as no order for child support fro 7anuar+ 2338 to April 2300/ the )oR refuses to enforce the 2332

Order and/ there*+/ all of Ca eron4s child support for o,er three +ears has/ effecti,el+/ vaporized! After Appellant infor ed the )oR that her *o+s "ere *ac? "ith her/ sheLat first Lassu ed the+ did their Jo*.! (IB A 1"1/ l. 29) 'n this case/ ho"e,er/ the presu ption that the )oR perfor ed its duties is refuted *+ Appellant4s testi on+/ *+ the )oR4s o"n testi on+ and *+ the record of the lo"er court case. (ad &aura recei,ed an+ current support one+ for Ca eron/ the ost she "ould ha,e recei,ed "as :22B.8B (B "ee?s

ti es :1;.20). #he ne,er recei,ed an+ current support for either of the t"o *o+s. (see &aura4s testi on+ at IB A 1"8/ l. 2 H 29). &aura "as told *+ the #tate to appl+ for

2)02CB119

03

Appellant4s Repl+ %rief

assistance for *oth *o+s and she did so. $he )oR initiated a redirection of support case for Ca eron/ *ut not for %la?e. Appellant ?ept recei,ing support for *oth *o+s e,en "hen she o,ed to Ohio.

$he )oR ?ept sending the sa e/ nor al/ child support pa+ ents to Appellant fro 7anuar+ 2338 to 7anuar+ 2303/ then it stopped. 't stopped *ecause the )oR did not one+

ter inate the Redirect Order and *ecause the )oR had arbitrarily considered all collected fro 7ac? to *e arrears! *ac? in -e*ruar+ 2338. $he )oR/ erroneousl+

*elie,es that all the arrears that had accrued *+ 00 7anuar+ 2338 has *een paid in full. At the 28 7une 2302 hearing/ Appellant as?ed Ms. (ard"a+/ Can +ou pro,ide e and the

Court "ith a cop+ of a court order sho"ing that the support that "as *eing collected in 2338 should ha,e "ent fro current support to arrearsG! (IB A 1'+/ l. 00 H 0B)

$he )oR attorne+/ Ms. #hoeppner/ o*Jected that there "as an order redirecting support done in -e*ruar+ of 2338.! (IB A 1'+/ l. 01 H 08) #he stated no other grounds for her o*Jection. $he Redirect Order adJudged thatF Ongoing child support pa+a*le to <E&&'E 7. MO$'& ... shall *e suspended as of 7anuar+ 00/ 2338.! (IB A 008/ 6 0.) $he Redirect Order sa+s support pa+a*le to Appellant is suspended! not ter inatedE NoteF $he otion for the Redirect Order "as not ,erified and it "as not ser,ed upon <ellie.

$hus/ Appellant4s due process rights "ere ,iolated and the resulting Redirect Order appears to *e ,oid ab initio. $he *o+s "ere not e,en "ith &aura "hen the Redirect Order "as ade on 22 -e*ruar+ 2338.

2)02CB119

00

Appellant4s Repl+ %rief

$he Judge said that Ms. (ard"a+ could ans"er the Duestion.! (IB A 1'+/ l. 2B) Appellant as?ed the Duestion/ againF =)>o +ou ha,e an+thing sho"ing "here +ou/ as the )epart ent of Re,enue/ "ere ordered to continue to collect the support *ut appl+ it to"ards arrears instead of current support in -e*ruar+ of 2338G! (IB A 1$0/ l. 1 H 8) $he lo"er Court reCstated the Duestion to Ms (ard"a+ (IB A 1$0/ l. A H 08) and she ans"ered in the negati,eF No/ sir/ ' don4t *elie,e.! (IB A 1$0/ l. 20) Appellant then as?ed Ms. (ard"a+/ =W>ho told +ou to do thatG! (IB A 1$1/ l. 9) #he ans"ered/ $hat "ould *e so ething "e "ould ha,e done ad inistrati,el+.! (IB A 1$1/ l. B H 1) Ms. (ard"a+/ essentiall+/ ad its that the )oR acted ar*itraril+ and sua sponte "ithout a notice of "ithout a hearing on a otion to otion to odif+/! "ithout a otion to odif+/!

odif+/ and "ithout a court order to stop collecting

current support/ thus circu ,enting the ,alid and enforcea*le 2332 Order. $he )oR has failed to perfor its dut+ to collect and distri*ute child support in accordance "ith the

,alid orders in the case *elo". #ee -lorida #tatute ;0.0B(;)(d)/ 2338 and 2300. Appellant then as?ed Ms. (ard"a+/ Wh+ "asn4t ' notified! and she said/ ' can4t ans"er the Duestion.! (IB A 1$1/ l. ; H @) Ms. (ard"a+ could not ans"er the Duestion *ecause she had no personal ?no"ledge. CONCLUSION

2)02CB119

02

Appellant4s Repl+ %rief

Appellant contends thatF 0) the 2332 Order is still ,alid/ "hether or not it "as ,alidl+ odified in 2300N 2) the 2332 Order has t"o (2) parts regarding current or 7ac?/ and .AR$ %Lthe

ongoing supportF .AR$ ALthe ta?ing of :1;.20I"ee? fro

gi,ing of that :1;.20I"ee? to Appellant (see the foldCout/ 0B!/ color chart at IB A 18")N 9) .AR$ A and .AR$ % "ere ne,er ter inated!N B) .AR$ A/ the ta?ing of :1;.20I"ee? fro 7ac?/ "as ne,er odified until 28 7ul+ 2300 pursuant to the )oR4s petition to

odif+! filed on 20 April 2300N 1) .AR$ %/ the gi,ing of :1;.20I"ee? to Appellant/ "as te poraril+ suspended! (on paper onl+B) *+ the purported ReC)irect Order filed 22 -e*ruar+ 2338N ;) the lo"er court still has Jurisdiction o,er the child support issue and the parties thereto (see IB A 002 7 %)N B)N @) "hile the )oR ?ept collecting the sa e current support of :1;.20 per "ee? fro (7ac?!)/ fro Ca eron4s *iological father/ 7ac? R. Aguero ''

7anuar+ 2338 to 7anuar+ 2303CCpursuant to the 2332 OrderCCthe )oR did one+ to current! supportN 8) as of 7anuar+ 2338/ the )oR *egan 7ac?/ erroneousl+ to"ard arrears! "ithout an+

not appl+! that

appl+ing all a ounts/ collected fro

court order to do so/ A) the )oR contends that it "as co pelled *+ -lorida #tatute to redirect child support fro <ellie to &aura in -e*ruar+ 2338/ *utLcontraril+CCcontends

that it had no si ilar affir ati,e dut+! (IB A 188/ 6 B.) to ter inate the te porar+/ B Appellant ?ept recei,ing support pa+ ents up to 7anuar+ 2303. Although Appellant4s sister/ &aura/ had custod+ of *oth *o+s fro idC7anuar+ to idC-e*ruar+ 2338/ she ne,er recei,ed an+ reCdirected! current support pa+ ents. #he onl+ recei,ed a fe" :02 (2 5 :;) arrears pa+ ents for a total of a*out :@2. Appellant4s parents had ph+sical custod+ of *oth *o+s fro idC-e*ruar+ to idC7une 2338 and the+ ne,er as?ed for/ nor recei,ed an+ currentCsupport or arrears pa+ ents. 2)02CB119 09 Appellant4s Repl+ %rief

ad inistrati,e Redirect Order so that child support pa+ ents to Appellant (<ellie) "ould *e restoredN 03) the )oR "rongl+ contends that there "as no enforcea*le order for current child support fro perfor its 00 7anuar+ 2338 to 20 April 2300N 00) the )oR failed to inor childrenN

ain functionF to collect and properl+ distri*ute support for

and 02) this ar*itrar+ denial of current child support for a ,alid orders of court and pu*lic polic+.

inor is against the la"/ the

Appellant has done her *est to co pl+ "ith the -lorida Rules of Appellate .rocedure. $he 2332 Order is still ,alid and enforcea*le. $he )oR has ade ista?es

and operated *e+ond its Jurisdiction. $he )oR has "or?ed contrar+ to its statutor+ dut+ *+ pre,enting Appellant and her inor son fro recei,ing current child support.

Allo"ing the )oR/ &aura/ or an+one else to erase courtCordered child support "ithout notice and an opportunit+ to *e heard is a ,iolation of Appellant4s due process rights. 't is against the 2332 Order/ the la" and pu*lic polic+. $he Appellate Court can correct this departure fro the esta*lished reDuire ents of the la" *+ ordering the )oR to fi5 it as

reDuested in Appellants pra+er in her 'nitial %rief. W(ERE-ORE/ Appellant o,es this Appellate Court not to stri?e the Appendi5

to her 'nitial %rief and to grant her pra+er for relief on page 0A of her 'nitial %rief. RE#.EC$-U&&K #U%M'$$E) *+F <E&&'E 7. MO$'&/ Mother and Custodial .arent of the Minor Child/ #elfCRepresentedF 1830 MatanMas )ri,e #e*ring/ -& 998@2C2921 $elephoneF (8;9) 981C1;33 0B Appellant4s Repl+ %rief

OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO 2)02CB119

CERTIFICATE OF SERVICE ' (ERE%K CER$'-K that a cop+ of the foregoing docu ent "as sent ,ia U.#. Mail to the persons listed *elo" on Monda+/ the 01th da+ of 7ul+ 2309F W'&&'AM (. %RANC(/ A.A.G. O--'CE O- $(E A$$ORNEK GENERA& C('&) #U..OR$ EN-ORCEMEN$ $(E CA.'$O&/ .&APA 30 $A&&A(A##EE -& 929AAC0313 7AC< R. AGUERO '' BA21 23$( #$ EA#$ %RA)EN$ON -& 9B239C9@02 Certified *+F <ellie 7. Motil 1830 MA$ANPA# )R'RE #E%R'NG/ -& 998@2C2921 $elephoneF (8;9) 981C1;33 OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO $elephoneF (813) B0BC9B33 -a5F (813) A22CAB2A
Willia .%ranchQ +floridalegal.co

CERTIFICATE OF FONT COMPLIANCE ' certif+ that the co puterCfont used in this *rief is $i es Ne" Ro an/ 0BCpoint/ in co pliance "ith the font reDuire ents of -lorida Rule of Appellate .rocedure A.203(a)(2).

OOOOOOOOOOOOOOOOOOOOOOOOOOOOO <ellie 7. Motil/ Mother and Custodial .arent of the Minor Child/ #elfCRepresented 1830 MA$ANPA# )R'RE #E%R'NG/ -& 998@2C2921 $elephoneF (8;9) 981C1;33

2)02CB119

01

Appellant4s Repl+ %rief