CopyCited 12 times | Published | Florida 5th District Court of Appeal | 1992 WL 158125
...orm Reciprocal Enforcement of Support, ... may govern actions instituted under the provisions of this act ... §
409.2564(1), Fla. Stat. (1991). It would be an anomaly to have intrastate suits treated less favorably than an interstate suit. Further, section
409.2554(2) defines "dependent child" more broadly than merely over the age of eighteen, and appears to expressly authorize enforcement suits by HRS in a context which Cronebaugh would bar: "any person under the age of 21 and still in school." §
409.2554(2), Fla....
CopyCited 7 times | Published | Florida 5th District Court of Appeal
...aid in Finn v. Finn,
312 So.2d 726, 731 (Fla. 1975): The conclusion in White v. White [
296 So.2d 619] supra, that "a dependent person" is limited to one who is dependent because of physical or mental incompetence or inability is much too narrow. [2] Section
409.2554(2), Florida Statutes (Supp....
CopyCited 6 times | Published | Florida 5th District Court of Appeal
...on proceeding in Perla v. Perla,
58 So.2d 689 (Fla.1952), the dissolution law has been completely rewritten since that time. [2] That is, the statutes contain the language "may order" support when the trial court so determines support is proper. [3] Section
409.2554(2) defines dependent child as "any person who is mentally or physically incapacitated when such incapacity began prior to such person reaching the age of 18." (emphasis added) [4] An "in limbo judgment" is one rendered prior to July...
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1989 WL 86790
...t for a child and spouse or former spouse who is living with the child or children, but only if a support obligation has been established for that spouse and the child support obligation is being enforced under Title IV-D of the Social Security Act. § 409.2554(10)(a), Fla....
...Bowen,
811 F.2d 1448 (11th Cir.1987) (there is a presumption that the same words used in different parts of an act have the same meaning). We see no valid reason to employ a definition of "support" in section
61.1301, Florida Statutes (1987), which varies from the definition in section
409.2554(10), Florida Statutes (1987)....
CopyCited 4 times | Published | Florida 5th District Court of Appeal
...This statute is applicable to this case in two ways. First, it says the court can require support for a dependent child over eighteen. Second, it says it does not affect rights and obligations existing before July 1, 1973. For at least one statutory definition of "dependent child" see section 409.2554(2), Florida Statutes (1982), which says: (2) "Dependent child" means any person under the age of 18, or under the age of 21 and still in school, who has been deprived of parental support or care by reason of death, continued absence from the home, or physical or mental incapacity of a parent....
...1st DCA 1977), to the idealistic dicta of Finn v. Finn,
312 So.2d 726 (Fla. 1975), although I am aware that the authority of the latter may overwhelm the principle of the former. NOTES [1] In an attempt to bolster their holding, the majority refers to the definition of "dependent child" in section
409.2554(2), Florida Statutes (1982)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 1455, 2000 WL 192140
...said child having been born as a consequence of his relationship with [R.A.E.]." A copy of the birth certificate was attached to this pleading. In 1986, a "responsible parent" for purposes of chapter 409 was "the natural or adoptive parent of a dependent child, ..." § 409.2554(5), Fla....
CopyCited 3 times | Published | Supreme Court of Florida | 1991 WL 117534
...support. We disapprove State ex rel. Branchaud v. Branchaud,
574 So.2d 185 (Fla. 4th DCA 1991), which followed, and reached the same result as, Thaysen. [2] HRS may contract with public and private attorneys to handle child support proceedings. See §
409.2554(8), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 13 Fla. L. Weekly 435
...istance monies received by appellants on behalf of their minor children, pursuant to Section
409.2561, Florida Statutes. We reverse, concluding that a custodial parent cannot be considered an "obligor" within the meaning of the amendment provided in Section
409.2554, Florida Statutes (Supp. 1986), or a responsible parent of the child owed a duty of support, as provided by Section
409.2554, Florida Statutes (1985)....
...ly and severally by both the custodial and noncustodial parents. We agree with appellants that the obligation orders were erroneous, because the applicable statutory provisions in question place such obligations solely upon the noncustodial parents. Section 409.2554, Florida Statutes (Supp....
...depart from the plainly expressed language used by the legislature. See Holly v. Auld,
450 So.2d 217 (Fla. 1984); 49 Fla.Jur.2d Statutes §§ 121, 132 (1984). It is questionable, however, whether the 1986 amendment to the definitional provisions of section
409.2554, effective October 1, 1986, see Chapter 86-220, Laws of Florida, is applicable to all cases now before this Court....
...Similarly, in Cases numbered BQ-339 and BR-186, the petitions to determine paternity were filed before the effective date of the amended statute, although the orders on review were filed after said date. Nevertheless, even if the definitional provisions of Section 409.2554, Florida Statutes (1985), can be considered applicable to any of the cases on review, we would still conclude that reversal of the orders directing both the noncustodial and the custodial parents to reimburse HRS for public assistance monies received is required....
...1746, 1750,
40 L.Ed.2d 120, 125 (1974), any attempt by a state to pare down eligibility, once eligibility has been established pursuant to federal standards, must be held inconsistent with such standards and consequently invalid under the Supremacy Clause. Id. We therefore conclude that the definitional terms of Section
409.2554, Florida Statutes (1985), cannot be considered to have been deliberately enacted inconsistently with the Congressional purpose: to "encourage the care of dependent children in their own homes or in the homes of relatives by enabling...
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 12 Fla. L. Weekly Fed. B 39, 1998 Bankr. LEXIS 1229, 1998 WL 684217
...iority of a support debt as it does the dischargeability of the debt. In light of the foregoing, this Court does not find this analysis necessary in the present case. [3] "Department," as used in this chapter, means the Department of Revenue. F.S.A. § 409.2554(1) (1998)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1989 WL 49597
...burse HRS for the monies she received in this case. Sapp v. Daniels,
520 So.2d 641 (Fla. 1st DCA 1988). HRS also contends the husband should be liable for the entire amount of public assistance debt because the husband is the "obligor" as defined by section
409.2554(6), Florida Statutes (1988 Supp.)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...As to this narrow issue, we agree with appellant that the department's interpretation is in excess of the scope of authority delegated to it by Congress. We were recently confronted with a similar point in Sapp v. Daniels,
520 So.2d 641 (Fla. 1st DCA 1988), in which we disapproved a trial court's interpretation of Section
409.2554(5), Florida Statutes (1985), [3] placing the burden on both the custodial and noncustodial parents of dependent children to reimburse HRS for public assistance monies received by the custodial parents on behalf of their minor children....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 3147, 2015 WL 965647
...2d DCA 2007) (noting that “anyone receiving SSI is excused from paying support” (citing §
409.2561(4), Fla. Stat.)). The Legislature chose not to exclude SSI from the calculation of gross income when it created the public-assistance exception. §
61.30(2)(c), Fla. Stat. (2014) (“Public assistance as defined in s.
409.2554 shall be excluded from gross income.”)....
...Public assistance is defined, as follows: (8) “Public assistance” means money assistance paid on the basis of Title IV-E and Title XIX of the Social Security Act, temporary cash assistance, or food assistance benefits received on behalf of a child under 18 years of age who has an absent parent. § 409.2554, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...We, accordingly, find that the trial court correctly granted summary judgment for Hatfield and affirm the trial court's order. Affirmed. SCHEB, A.C.J., and SCHOONOVER and LEHAN, JJ., concur. NOTES [1] "Public assistance" is money assistance paid on the basis of Title IV-A and Title IV-E of the Social Security Act. § 409.2554(6), Fla....
CopyPublished | Florida 1st District Court of Appeal
...And
an “administrative support order” is a “final order rendered by or on behalf of the
department pursuant to this section establishing or modifying the obligation of a
parent to contribute to the support and maintenance of his or her child or children,
assistance services. § 409.2554, Fla....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 4180, 1994 WL 169519
...relief. The appellee did not contest the allegations of paternity, but did deny his obligation for past public assistance monies in the amount of $1,864.00, paid by H.R.S. on behalf of his child. He argued that the definition of “obligor” under section 409.2554(6), Florida Statutes (Supp.1992), excludes him from liability for public assistance money paid before a child support order was entered against him. This argument, however, is not sustainable under the law. On its face, the definition of “obligor,” as defined by section 409.2554(6), Florida Statutes (Supp.1992), supports the appellee’s position: “[ojbligor means a person who is responsible for making support payments pursuant to an alimony or child support order.” However, when read together with secti...
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 2652, 2005 WL 491395
...Because the Department of Revenue was lawfully enforcing her rights as to child support, the Title IV-D counsel was permitted by statute to represent Ms. Brewer’s interests concerning Mr. Brewer’s petition to reduce her right to alimony. See, e.g., § 409.2554(10)(a), Fla....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 5823, 1992 WL 118453
...e, and that in the context of this case, HRS had no greater right than did the mother (HRS’s claimed support obligee) to obtain child support for M.M. and T.S. from the father. 7 AFFIRMED. DAUKSCH and PETERSON, JJ., concur. . Within the meaning of section 409.2554(6), Florida Statutes....
...Since the trial judge’s judgment is presumed to be correct it would likewise be presumed that the trial judge considered and weighed any inequality in the parent’s ability to provide child support and found it was offset by a similar inequality in the needs of the children as divided between the parents. . As defined in section 409.2554(5), Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 1441, 1986 Fla. App. LEXIS 8855
...a Statutes, and that the grandmother is the proper party entitled to seek the assistance of the Florida Department of Health and Rehabilitative Services in bringing an action for support of the children under chapter 409, Florida Statutes. We agree. Section 409.2554(2), Florida Statutes, defines a dependent child as “any person under the age of 18, or under the age of 21 and still in school, who has been deprived of parental support or care by reason of death, continued absence from the home,...
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 7477, 1994 WL 390755
...under a support obligation at the time the public assistance monies were paid to the mother. We agree. The term “obligor” is defined as “a person who is responsible for making support payments pursuant to an alimony or child support order.” § 409.2554(6), Fla.Stat....
CopyPublished | Florida 1st District Court of Appeal | 1990 WL 7624
...bligation, and only allow HRS to seek reimbursement from an "obligor". §
409.2561(1), Fla. Stat. (Supp. 1988). The statute defines "obligor" as "a person who is responsible for making support payments pursuant to an alimony or child support order." §
409.2554(6), Fla....
...lic assistance monies paid. (Emphasis added.) The use of the term "obligor" is troublesome in light of the fact that this term is defined as "a person who is responsible for making support payments pursuant to an alimony or child support order." [2] § 409.2554(6), Fla....
...al or adoptive parent of a dependent child, which parent owes a duty of support or against whom a proceeding for the establishment of a duty of support, the enforcement of a duty of support, or the registration of a support order has been commenced. § 409.2554(5), Fla....
CopyPublished | District Court of Appeal of Florida | 1997 WL 1680
...thout allowing him an opportunity to know the amount of the costs or whether or not they were reasonable. During the hearing, the former wife never requested costs even though the former husband was responsible to pay all administrative costs. See §§
409.2554(1),
409.2567, Fla. Stat. (1995). There is no doubt that the former husband is obligated to pay the costs, but he is entitled to present evidence as to the reasonableness of the fees and how the fees should be assessed. See §
409.2554, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1991 Fla. App. LEXIS 1712, 1991 WL 27186
...r of great public importance. REVERSED and REMANDED for further proceedings. SMITH and WOLF, JJ., concur. . See State, Department of Health and Rehabilitative Services v. Branchaud,
574 So.2d 185 (Fla. 4th DCA 1991), which discusses this conflict. . Section
409.2554(11) defines "administrative costs” to include attorney fees....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 443, 1988 Fla. App. LEXIS 565
...We, accordingly, find that the trial court correctly granted summary judgment for Hatfield and affirm the trial court’s order. Affirmed. SCHEB, A.C.J., and SCHOONOVER and LEHAN, JJ., concur. . "Public assistance" is money assistance paid on the basis of Title IV-A and Title IV-E of the Social Security Act. § 409.2554(6), Fla.Stat....
CopyPublished | Florida 1st District Court of Appeal
...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 their parents, thereby relieving, at least in part, the burden presently borne by the general citizenry through public assistance programs. Section 409.2554(2) provides in pertinent part (emphasis added): "Dependent child" means any unemancipated person under the age of 18, any person under the age of 21 and still in school, or any person who is mentally or physically incapacitated when such incapacity began prior to such person reaching the age of 18....
CopyPublished | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 18513, 2001 WL 1744275
...yment. If there is no prior support order, the court must establish the liability of the obligor for reimbursement. An obligor is defined as “a person who is responsible for making support payments pursuant to an alimony or child support order.” § 409.2554(6)....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2756, 1985 Fla. App. LEXIS 16944
...Parks was not obligated to reimburse HRS simply because he did not have notice that Mrs. Parks had taken the children from Illinois. We think the trial court should have proceeded to determine whether the payments made by HRS were necessary and whether Mr. Parks was a responsible parent as defined by section 409.2554(5), Florida Statutes (Supp.1982)....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 12168, 1993 WL 504498
...ion existed on the date of filing the petition. Davis v. Davis,
581 So.2d 1005 (Fla. 1st DCA 1992). *1312 Appellee concedes error as to this issue, and we therefore reverse as to this issue. As to the third issue, administrative costs are defined in section
409.2554, Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 7753, 1994 WL 406148
...These statutes provide that the obligor is responsible for all “administrative costs,” assuming a present ability to pay. §
409.2567, Fla.Stat. (1991). “Administrative costs,” in turn, include “any costs, including attorney’s fees” incurred by the IV-D agency in its effort to administer the IV-D program. §
409.2554(11), Fla.Stat....
...By this measure, there is nothing in the record to support the fee schedule, and there is much against it. The Florida statute plainly requires costs be assessed on a “case by case” basis using a method for determining costs approved by the federal government. § 409.2554(11), Fla.Stat....
...raph (d)(1) of this section shall develop a written methodology to determine standardized costs which are as close to actual costs as is possible. This methodology must be made available to any individual upon request. 45 C.F.R. 302.33(d)(2). Accord § 409.2554(11), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 8891, 1995 WL 497120
...Paternity was not disputed and a child support order was entered. Because the appellant mother’s income was significantly greater than that of the appellee father, Cordell J. Atherley, the support enforcement hearing officer ordered that statutory administrative costs, see *470 § 409.2554(11), Fla.Stat....
...The statute is clear that administrative costs can be assessed only against a nonprevailing obligor, not an obligee. §
409.2567, Fla.Stat. (Supp.1994); see Department of Health & Rehabilitative Servs, v. Coyle,
624 So.2d 400, 401 (Fla. 5th DCA 1993). The obligor in this case is the father. See §
409.2554(6), Fla....
...her to pay administrative costs. Affirmed as modified. . The complaint was drafted and verified by the mother in June, 1994, when the Department of Health and Rehabilitative Services was Florida’s Title IV-D child support enforcement agency. See §§
409.2554(1),
409.2557, Fla.Stat. (1993). Effective July 1, 1994, the child support enforcement program was transferred to the Department of Revenue. Ch. 94-124, § 1, Laws of Fla.; §§
409.2554(1),
409.2557, Fla.Stat....
