A recent Florida decision is another reminder of how important the transcription of your case is.
In Garcia v. Garcia, No:3D12-2514 (Fla. 3rd DCA August 12, 2015), a Former Husband Petitioned for a downward modification of child support previously ordered in 2007. The trial court adopted the general magistrate’s findings made during a three-house evidentiary hearing that the Former Husband’s financial affidavit contained material and fraudulent omissions. As a result, the court held that the Former Husband failed to meet his burden of presenting substantial competent evidence of a substantial change in circumstances to warrant a downward modification of child support.
On appeal, the appellate court reversed the trial court’s adoption of the general magistrate’s findings because it was discovered that the evidentiary hearing was inaudible and could not be transcribed. The court held that pursuant to Florida Rule of Civil Procedure 1.490(f), a trial court may not adopt or ratify a magistrate’s report if the magistrate fails to file a complete record of the evidence with the report. The case was remanded back to the trial court to conduct further proceedings, including a new hearing on the matter.
If you have any concerns regarding child support or require legal assistance in other areas of Family Law you may always contact Damien McKinney of The McKinney Law Group to discuss your case further. He can be reached by phone at 813-428-3400 or by e-mail at [email protected].