CopyCited 40 times | Published | Supreme Court of Florida
...support our conclusion. As noted in Department of Health & Rehabilitative Services v. West , the legislature has recently declared it to be the public policy of this state that children be maintained from the resources of "responsible parents." See § 409.2551, Fla....
CopyCited 32 times | Published | Supreme Court of Florida
...This conflicts with the recently expressed legislative intent that children be maintained from the resources of responsible parents, thereby relieving, at least in part, the burden presently borne by the general public. Chapter 76-220, codified as section 409.2551, Florida Statutes (1977)....
CopyCited 22 times | Published | Supreme Court of Florida
...be construed and administered to the end that children shall be maintained from the *752 resources of responsible parents, thereby relieving, at least in part, the burden presently borne by the general citizenry through public assistance programs." § 409.2551, Fla....
CopyCited 12 times | Published | District Court of Appeal of Florida
...Upon the establishment of a prima facie case, the defaulting party has the burden of presenting a valid excuse for the default. Proceedings to enforce child support orders are designed to be informal in order to assist parents in securing child support payments promptly without great cost. Section 409.2551, Florida Statutes (1979) describes the legislative intent behind social and economic assistance laws: 409.2551 Legislative intent....
CopyCited 8 times | Published | Supreme Court of Florida
..."Any classification must bear a just and reasonable relation to a legitimate purpose." In re Estate of Reed,
354 So.2d 864, 865 (Fla. 1978), citing Gammon v. Cobb,
335 So.2d 261 (Fla. 1976). Section
409.2567 meets this test. The basic purpose of sections
409.2551-409.2597, Florida Statutes (1977), is to maintain children "from the resources of responsible parents, thereby relieving, at least in part, the burden presently borne by the general citizenry through public assistance programs." Section
409.2551, Florida Statutes (1977). Section
409.2567 supports this purpose by allowing the identification of responsible parents and the award of support from them prior to, and in place of, receiving public assistance. The legislature passed sections
409.2551-409.2597 in order to receive federal aid to families with dependent children (AFDC) funds....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...The statute creating the power in HRS to seek enforcement on behalf of a parent who has not received support payments due from the other parent under a court order expressly says that its remedies "are in addition to, and not in lieu of, existing remedies." Section 409.2551, Florida Statutes (1989)....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 2266, 2011 WL 611831
...This representation automatically converted this case into a Title IV-D case. The legislative intent behind the State's enforcement of support for financially dependent children by persons responsible for their support is to augment additional remedies directed to the resources of the responsible parents. See § 409.2551, Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1991 WL 17924
...Rather, the department simply argues that application of the provisions of Section
61.16 to the department is contrary to legislative intent. As authority for its argument, the department relies upon a portion of the statement of legislative intent for the enactment of Sections
409.2551 through
409.2597, Florida Statutes....
...hat this act be construed and administered to the end that children shall be maintained from the resources of their parents, thereby relieving, at least in part, the burden presently borne by the general citizenry through public assistance programs. Section 409.2551, Florida Statutes....
...Section
768.28, Florida Statutes, whereby the legislature has waived the state's sovereign immunity against liability for torts, is but one example of a public policy determination which gives preference to private claims over the state's interest in preserving its own treasury. Finding the above-referenced language from Section
409.2551 inconclusive in resolving the issue to be determined, we have carefully reviewed other provisions in Chapters 61 and 409, Florida Statutes, in an attempt to determine the legislative intent....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1989 WL 139522
...g to the tax burden of the general public. This argument is without merit, however, section
409.2567 expressly authorizes HRS to recover its costs from the obligor or the obligee. [3] The intent of the child support enforcement program is set out in Section
409.2551, Florida Statutes (1987): Common-law and statutory procedures governing the remedies for enforcement of support for financially dependent children by persons responsible for their support have not proven sufficiently effective or efficient to cope with the increasing incidence of financial dependency....
CopyCited 3 times | Published | United States Bankruptcy Court, M.D. Florida | 1986 Bankr. LEXIS 6105
...§ 602. Absolute compliance with the terms of the federal legislation is mandated. Rosado v. Wyman,
397 U.S. 397,
90 S.Ct. 1207,
25 L.Ed.2d 442 (1970). The State of Florida elected to participate in the program and enacted F.S.A. § 409.235 et seq. In §
409.2551, the Florida legislature stated that its intent was to augment commonlaw and statutory procedures by creating "additional remedies directed to the resources of the responsible parents." F.S.A. §
409.2551....
CopyCited 3 times | Published | Supreme Court of Florida | 1991 WL 117534
...n circumstances of the parties." The trial court held that the state attorney, and, thus, HRS, could not represent a private citizen in an action to modify child support and dismissed the modification petition. On appeal the district court looked at section 409.2551, Florida Statutes (1987), [4] *665 and held that "enforcement of support" did not include increasing existing child support....
...Subchapter IV, part D of the Social Security Act, 42 U.S.C. §§ 651-669 (1988), deals with child support and the establishment of paternity. Title IV-D creates a federal/state partnership to establish and enforce child support, in which Florida participates. [6] §§ 409.2551-.2597, Fla....
...[2] HRS may contract with public and private attorneys to handle child support proceedings. See §
409.2554(8), Fla. Stat. (1989). [3] The form ends with an undecipherable signature over the printed words: "Legal Counsel Child Support Enforcement." [4] This section reads as follows:
409.2551 Legislative intent....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1991 Fla. App. LEXIS 692, 1991 WL 9366
...The supreme court ultimately approved our conclusion that nonsupport is only a matter ancillary to and following from the main issue in a paternity action, i.e., whether the respondent is the father of the child.
522 So.2d 838 (Fla.1988). Even Justice Kogan, dissenting in Wright on the basis of his belief that §
409.2551, Fla.Stat....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1990 WL 11803
...ount *627 of support that the respondent is ordered to pay. In view of the foregoing, the trial judge was eminently correct in entering the order disqualifying the State Attorney, acting on behalf of the Department, from representing the petitioner. Section 409.2551, Florida Statutes (1987) specifically points out that it is the intent of the Legislature to have the new provisions contained within Chapter 409 apply to cases involving "......
...enforcement of support". Accordingly, neither the State Attorney's Office nor the Department has standing to participate in such a case, since the children in such cases are not "deserted" or "non-supported". The legislative intent, contained within Section 409.2551, makes it clear that the statutory language in question was added to Florida law to assist in the "......
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...f alternative pleading available under Rule 1.110(b), Florida Rules of Civil Procedure, and the scope of actions for determination of paternity under Section 742, Florida Statutes (1981), as augmented (particularly as to the case of HRS) by Sections 409.2551-409.2594, Florida Statutes (1981)....
...would seem to be best served by allowing the state's action to be taken in the most expeditious manner possible. In this case it appears to us that joinder of both likely fathers in the same action would be within the department's prerogatives. See, Section 409.2551, Florida Statutes, "Legislative intent." The trial court's ruling sustaining appellee's objection to appellant's motion that he submit to HLA testing was grounded solely on the conclusion that appellants' complaint failed to state a cause of action against him....
CopyCited 1 times | Published | Supreme Court of Florida | 1988 WL 34015
...While this restrictive view is logically seductive, it is legally indefensible. At common law, the failure to provide support to one's child did not necessarily constitute a tort. Nonetheless, the legislature has statutorily made it an affirmative duty on the part of the father to support and maintain his child. § 409.2551 Fla....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 8911, 16 Fla. L. Weekly Fed. D 2353
...an order granting a money judgment was indicated in this case. Subsequently, an order was entered awarding final judgment in favor of HRS and against Charles Baker, in the amount of $666.00. The HRS claim for a monthly payment provision was denied. Section 409.2551, Florida Statutes (1989), expresses legislative intent “that children shall be maintained from the resources of their parents, thereby relieving, at least in part, the burden presently borne by the general citizenry through public...
CopyPublished | Florida 3rd District Court of Appeal | 1999 Fla. App. LEXIS 13340, 1999 WL 890716
...3d DCA 1983). It is the public policy of this state that “children shall be maintained from the resources of their parents, thereby relieving, at least in part, the burden presently borne by the general citizenry through public assistance programs.” § 409.2551, Fla....
CopyPublished | Florida 4th District Court of Appeal
...The
Department’s attorney had a statutory obligation to establish the father’s
support obligation such that the child would be “maintained from the
resources of [her] parents, thereby relieving, at least in part, the burden
presently borne by the general citizenry through public assistance
programs.” § 409.2551, Fla....
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 2053297, 2012 Fla. App. LEXIS 9184
...hat this act be construed and administered to the end that children shall be maintained from the resources of their parents, thereby relieving, at least in part, the burden presently borne by the general citizenry through public assistance programs. § 409.2551, Fla....
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 1687, 1984 Fla. App. LEXIS 14181
...The statute does not require that when both parents appear to be in a position to pay child support that petitions against both parents must be filed or filed against neither at all. To read such a requirement into the statute would thwart the legislative intent, which is clearly expressed in section 409.2551: *500 It is declared to be the public policy of this state that this act be construed and administered to the end that children shall be maintained from the resources of responsible parents, thereby relieving, at least in part, the b...
CopyPublished | Florida 1st District Court of Appeal | 1990 WL 7624
...In denying the petition, the trial court reasoned that the arrangement should continue so that the state would not be required to pay for Ms. Davis' nursing care. From the trial court's denial of the petition this appeal then ensued. Citing to the public policy of the state as enunciated in section 409.2551, Florida Statutes (1987), that "children shall be maintained from the resources of their parents", HRS argues that AFDC benefits paid to help support appellee's minor child imposes on appellee an obligation to reimburse the state for benefits paid....
...Such a result would be at odds with the express purpose of the act that "children shall be maintained from the resources of their parents, thereby relieving, at least in part, the burden presently borne by the general citizenry through public assistance programs." § 409.2551, Fla....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 18185
...The legislatively declared public policy behind the child support enforcement provisions of our statutes is to maintain children from the resources of the responsible parents, thereby relieving the burden currently borne by the general citizenry through public assistance programs. § 409.2551, Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal
...f Health and Rehabilitative Services (Department) lacked standing to represent obligees who do not receive public assistance. We agree and accordingly grant the petitions for certiorari, quash the orders dismissing the contempt citations and remand. Section 409.2551 provides in pertinent part: [N]onsupport of dependent children shall be augmented by additional remedies directed to the resources of the responsible parents....
...en "from the resources of responsible parents, thereby relieving, at least in part, the burden presently borne by the general citizenry through *1091 public assistance programs."
382 So.2d at 302. The court noted that the legislature passed sections
409.2551-409.2597 in order to receive federal aid to families with dependent children (AFDC) funds, and that the pertinent language of section
409.2567 comes directly from the federal statute....
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 19494, 2015 WL 9584862
...This result is inconsistent with the Legislature’s expression of the public policy of the State that “children shall be maintained from the resources of their parents, thereby relieving, at least in part, the burden presently-borne by the general citizenry through public assistance programs.” § 409.2551....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 25317
amendments to Chapter 409 is expressly set out in section
409.2551, Florida Statutes, providing: Common law and
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 9675, 1990 WL 212145
...The trial court’s concern over what other putative fathers agreed to pay in child support for any of the mother’s children has no bearing on what appellee should or can pay in the instant case. The Department brought this action pursuant to its obligation under sections 409.2551-409.2597, Florida Statutes. Specifically, in section 409.2551, the legislature has stated that it is *562 ......
