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Under this provision, Florida Rule of Civil Procedure 1.540 applies to all family law issues involving relief from judgment, decrees, or orders, except that there shall be no time limit for motions filed under rule 1.540(b) based on fraudulent financial affidavits in marital or paternity cases.
This rule does not limit the power of a court to entertain an independent action or supplemental proceeding to relieve a party from a judgment, order, or proceeding or to set aside a judgment for fraud on the court.
FAMILY LAW FORMS, COMMENTARY, AND INSTRUCTIONS [EDITOR’S NOTE: Family Law Forms may be found on the Florida Supreme Court’s webpage at http://www.flcourts.org/gen_public/family/forms_rules/index.shtml. For your convenience, a list of the available forms is below. Forms in bold are Florida Family Law Rules of Procedure
Fl. Fam. Law. R. P. 12.540 Rule 12.540 - RELIEF FROM JUDGMENT, DECREES, OR ORDERS Copy Cite Read Read Annotations Annotations 4 Attorney Analyses Analyses 0 Citing Briefs Briefs 0 Citing Cases Citing Cases 88
Florida Rule of Civil Procedure 1.540 shall govern general provision concerning relief from judgment, decrees, or orders, except: (a) There shall be no time limit for motions based on fraudulent financial affidavits in marital or paternity cases; and
Rule 12.540 of the Florida Family Law Rules of Procedure not only provides the vehicle for a party to seek relief from a judgment, but the rule also extends the time limit for a party to submit a motion to set aside a judgment due to fraudulent financial affidavits in that party’s divorce or paternity case.
RELIEF FROM JUDGMENT, DECREES, OR ORDERS. (a) Clerical Mistakes. Clerical mistakes in judgments or other parts of the record and errors arising from oversight or omission may be corrected by the court at any time on its own initiative or on the motion of any party and after such notice, if any, as the court orders.