CopyCited 22 times | Published | Supreme Court of Florida
...n, Coral Gables, for respondent. *750 OVERTON, Judge. This is a petition to review the decision of the Third District Court of Appeal reported as Chapman v. Lamm,
388 So.2d 1048 (Fla.3d DCA 1980), which assertedly invalidated a remedy provided under section
409.2561, Florida Statutes (1979), which conflicts with the Second District Court of Appeal's holding in Andrews v. Walton,
400 So.2d 790 (Fla.2d DCA 1981). We have jurisdiction under article V, section 3(b)(3), Florida Constitution (1980). The district court in Chapman determined that sections
409.2561(1)-(3) infringe upon the constitutional right to be free from imprisonment for debt prescribed by article I, section 11, Florida Constitution (1972), to the extent those sections allow the department to institute civil contempt proceedings to collect child support arrearages in repayment of state public assistance payments. Sections
409.2561(1)-(3) authorize the Florida Department of Health and Rehabilitative Services to seek reimbursement from a responsible parent of state public assistance funds paid for the benefit of a dependent child when the parent has failed to pay court-ordered child support. Section
409.2561(3)(c) specifically states that the department may pursue "civil and criminal enforcement of support obligations." It should be noted that the real party in interest as petitioner in this case is not Bonnie Lamm, but is the State of Florida through the Department of Health and Rehabilitative Services....
...The affidavit for service of process by publication, filed in 1973, showed that respondent resided in Louisiana. Respondent did not make any payments to his ex-wife for child support. In May, 1979, the state attorney, acting on behalf of the state and as representative of petitioner pursuant to section 409.2561, filed a petition with the circuit court alleging that Ms....
...The fact that the State is the third party does not transfer to the State a greater right to the remedy of contempt than that held by a private litigant."
388 So.2d at 1049 (citations omitted). This holding substantially limits the state's choice of remedies when pursuing "civil ... enforcement of support obligations," section
409.2561(3), by prohibiting the state's use of contempt proceedings. Respondent argues that the language of section
409.2561(1) confirms the correctness of the district court's holding....
...a contempt order to force her ex-husband to make the payments to the bank. We reject the district court's decision on this issue, as well as respondent's arguments. The error in the argument that the legislature intentionally used the term "debt" in section 409.2561(1) to restrict the state's use of civil contempt becomes clear upon examination of the entire statutory scheme for Aid to Families with Dependent Children....
...o 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. Stat. (1979). Section
409.2561 is designed to implement this policy by laying out a procedure whereby the state is authorized to fulfill its responsibilities both to dependent children and to the taxpayers. Section
409.2561 consists of three interrelated provisions: subparagraph (1) directs that the department obtain, from those responsible parents who have the ability to pay, reimbursement for public assistance moneys expended to benefit dependent chil...
...in the amount of public assistance paid and allows the state to act for the recipient in all matters relating to child support, including the pursuit of civil remedies to enforce the support obligation. [*] After considering all of the provisions of section 409.2561, together with the declared public policy regarding child support, we conclude the legislature did not intend to prohibit the state from using civil contempt as one means of securing repayment of public moneys and of ensuring that responsible parents fulfill their obligation to provide continuing reasonable child support. In our view, the term "debt" in section 409.2561(1) was used in the broad sense to indicate that a responsible parent who has the ability to pay child support will not be allowed to avoid this obligation solely because the state, through necessity, has provided public assistance. By the express authority of section 409.2561(3)(c), the state is empowered to act in the place of the public assistance recipient in seeking civil enforcement of the child support obligation; no limitations are placed on the state's choice of remedies. We construe section 409.2561(3)(c) to authorize the state's use of the identical remedies against the responsible parent as are available to the child's custodian, including, but not limited to, the use of civil contempt. We agree with the decision *753 of the Second District Court of Appeal in Andrews v. Walton that the assignment of the child support obligation to the state, under section 409.2561(3), does not change the nature of the obligation, nor does it limit the means by which the obligation may be enforced....
...and, hence, reversal of the trial court's contempt order was correct. However, I dissent from the majority's holding with respect to article I, section 11, Florida Constitution. I would approve the district court opinion in toto." NOTES [*] Sections 409.2561(1)-(3) provide as follows: Public assistance payments debt to department; assignment of rights; subrogation....
CopyCited 12 times | Published | Florida 5th District Court of Appeal | 1992 WL 158125
...d in full. *659 This helps illustrate why I agree with Judge Minor's dissent in Rogers v. Cooper,
575 So.2d 266 (Fla. 1st DCA 1991) that HRS should not be liable for attorney's fees under section
61.17 when filing suit, as it is required to do under section
409.2561(1)....
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 2229
...declaration that Wyatt was the father of Tammy Burks, born out of wedlock to Barbara Ward on August 20, 1970. The complaint alleged the child was receiving public assistance and that HRS was subrogated to the support rights of the child pursuant to section 409.2561, Florida Statutes (1981)....
...Because it is alleged that the child is receiving public assistance, HRS is subrogated to the rights of the child "... to prosecute or maintain any support action or action to determine paternity ... to obtain reimbursement of public assistance paid, being paid or to be paid." § 409.2561(4), Fla....
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 2406
...However, the father was never notified of this fact until April, 1982, when HRS requested him to reimburse them for payments made to the grandmother on behalf of Michael [1] over the previous six and one-half years. When the father refused to pay, HRS brought suit under section 409.2561, Florida Statutes, which gives HRS the right to petition the circuit court to order the "responsible parent" to reimburse HRS for public assistance payments made to, or for the benefit of, a dependent child. The trial court denied HRS' claim, however, on the ground that laches barred HRS from enforcing its rights to reimbursement. Under section 409.2561(3), Florida Statutes, the recipient of public assistance payments on behalf of a dependent child is deemed to have made an assignment to HRS of the sums received on behalf of the child....
CopyCited 8 times | Published | Supreme Court of Florida
...The legislature passed sections
409.2551-409.2597 in order to receive federal aid to families with dependent children (AFDC) funds. The pertinent language of section
409.2567, "any individual not otherwise eligible for such services," comes directly from the federal statute. 42 U.S.C. § 654(6)(A). Since section
409.2561(4) allows reimbursement of HRS's expenses out of support payments, individual plaintiffs under section
409.2567 are not receiving free counsel....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 2381
...Appellee was adjudicated to be the father of a dependent child and ordered to pay $50 per month child support. Because the child's mother was receiving public assistance benefits, appellant H.R.S. was entitled to collect and receive the support payments under section 409.2561, Florida Statutes....
...The language quoted above declining to find the defendant in contempt and attempting to terminate or suspend his obligation to pay child support is vacated and set aside and the cause is remanded with directions to the trial court to enforce appellee's duty of support pursuant to general law and section 409.2561, Florida Statutes....
...child support or alimony. Id. at 189. Since this is not a URESA case, on remand, the new law will require that appellee may not raise the denial of visitation as a defense to appellant's suit to collect and receive child support payments pursuant to section 409.2561, Florida Statutes....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...Such payments are obtained by a custodian on behalf of minor children and are intended for their support and maintenance. Both the Florida legislature and the Florida courts have recognized the importance of protecting against the diversion of support payments from their intended beneficiaries. § 409.2561(1), Fla....
...Affirmed in part; reversed in part and remanded. JORGENSON, Judge, dissenting. I respectfully dissent. In my view there is no difference between child support payments and the costs incident to giving birth to the child. I would affirm in all respects. NOTES [1] Section 409.2561(1) reads in pertinent part: Priority shall be given to establishing continuing reasonable support for the dependent child.
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1998 WL 646681
...She and the child have received no financial support or other assistance from Appellee, even though Appellant initially asked him for help. They have, however, received a variety of familial, state, and federal assistance, some of which Appellee might be held legally responsible for reimbursing. [1] See § 409.2561, Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
..."remedies" under chapters 39, 61 and 88 be available to HRS in an enforcement proceeding. In bringing an enforcement action, HRS necessarily acts as an assignee-subrogee of the custodial parent on whose behalf the enforcement proceeding is brought. Section 409.2561(3), Florida Statutes (1989)....
...r relieving the party of the ordinary consequences of use of the remedy. Here there is absolutely nothing in either chapter 61 or chapter 409 exempting HRS from any liability for fees or costs when bringing *483 support enforcement proceedings under section 409.2561....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 15570, 2010 WL 3985121
...ld support, except upon a petition for modification. Torres v. Torres,
739 So.2d 599 (Fla. 2d DCA 1997). Moreover, the Florida Department of Revenue is authorized to file an action to recover child support on behalf of a dependent child's custodian. §
409.2561, Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 1817
...o reopen proceedings and relitigate matters previously decided. Accordingly, we vacate the order entered herein and remand for proceedings consistent with this opinion. RYDER, C.J., DANAHY, J., and FOGLE, HARRY W., Associate Judge, concur. NOTES [1] Section 409.2561, Florida Statutes (1983), provides, in pertinent part, as follows: (3) By accepting public assistance for, or on behalf of a dependent child, the recipient is deemed to have made an assignment to the department of any right, title, a...
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1996 WL 604178
...District Court of Appeal of Florida, Second District. October 23, 1996. Annette J. Szorosy and Charles L. Carlton of Carlton & Carlton, P.A., Lakeland, for Appellant. No appearance by Appellee. WHATLEY, Judge. The Department of Revenue (DOR), on behalf of the mother in this paternity action, section 409.2561(3), Florida Statutes (1995), appeals the final order setting custody, support, and visitation....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1990 WL 175080
...f the order directing Wife to reimburse HRS for past AFDC payments. Wife does not argue on appeal that she should not be responsible for repayment of the debt, but argues only that she and Husband should bear equal responsibility for such repayment. Section 409.2561(4), F.S., however, expressly excludes the custodial parent from liability for reimbursement....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1989 WL 139522
...pport modification representation to non-AFDC recipients to assure compliance with Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq. The former husband counters that HRS lacks standing to seek a modification in this case because, while section
409.2561 expressly authorizes HRS to apply for modification of a court order on behalf of AFDC clients, section
409.2567, relating to non-AFDC clients, is limited by its terms to "support enforcement and paternity determinations." The former...
CopyCited 3 times | Published | United States Bankruptcy Court, M.D. Florida | 1986 Bankr. LEXIS 6105
...Even if the Court found that the Assignment executed by the mother was limited to the public assistance extended prior to the date of execution, a valid assignment pursuant to 42 U.S.C. § 602(a)(26) did occur. In 1976, the Florida legislature enacted § 409.2561 which states that any payment of public assistance benefits creates an obligation in the amount of assistance extended and that the acceptance of the public assistance is an assignment of support rights by operation of law. F.S.A. § 409.2561. Section 409.2561 was effective June 22, 1976, [5] two months after she executed the written assignment. This type of statutory assignment is sufficient if the assignment is substantially identical to 42 U.S.C. § 602(a)(26). Stovall, supra, citing 45 C.F.R. § 232.11(b). The Court finds that F.S.A. § 409.2561 is consistent with the requirements of 42 U.S.C....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...sful defendant in a paternity action brought by the department on behalf of a mother receiving public assistance for her dependent child. The record establishes that the department initiated this action in discharge of its statutory obligation under section
409.2561 and section
409.2564, Florida Statutes (1981), in good faith reliance upon information furnished by the mother in both her application for public assistance and paternity questionnaire....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...Carlton of Carlton & Carlton, P.A., Lakeland, for appellees. RYDER, Judge. Albert Andrews appeals the order finding him in contempt of court for failure to pay child support alleging that the contempt power may not be used to coerce payments assigned to the State under section 409.2561(3), Florida Statutes (1979)....
...Phillips,
193 So.2d 26 (Fla. 2d DCA 1966). We do not think, however, that the present obligation is not grounded in support, as were the obligations in Mason, supra ; Corbin, supra ; and Phillips, supra . Nor do we think that the assignment required by section
409.2561(3), Florida Statutes (1979), changes the nature of the obligation. The action below is no different from any other support action. The custodial parent brought the action, and there is no dispute that the payments were not made. Section
409.2561(3), Florida Statutes (1979), appoints the Department of Health and Rehabilitative Services as attorney in fact of the recipient of state benefits to pursue enforcement of child support....
CopyCited 3 times | Published | Supreme Court of Florida | 1991 WL 117534
...No. 98-387, 98th Cong., 2d Sess. 4, reprinted in 1984 U.S.Code Cong. & Admin. News 2397, 2419. Thus, states must provide to families not receiving public assistance all of the services provided to families that do receive public assistance. [7] Subsection 409.2561(1) provides, in part: "The department may apply for modification of a court order on the same grounds as either party to the cause and shall have the right to settle and compromise actions brought pursuant to law." Therefore, contrar...
...the increased needs of the child"). It is improper, however, for attorneys to bring unwarranted or frivolous claims. See Sanchez v. Sanchez,
435 So.2d 347 (Fla. 3d DCA 1983). This constraint extends to public attorneys and child support proceedings. §
409.2561(1) (HRS "may," not "shall," bring modification proceedings); 45 C.F.R....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2033896
...In this case, despite the language of chapter 63, A.S. has a legal obligation to support his child unless and until that child is adopted. If welfare payments were made to the mother, then the State may be subrogated to her rights against A.S. See § 409.2561, Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...he purpose of the support order. As to (2), the contempt proceeding may be characterized as civil or criminal. As to (3), the support order may have been entered in a dissolution of marriage proceeding or in a support proceeding brought by HRS under section 409.2561, Florida Statutes (1981)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 13 Fla. L. Weekly 435
...er court erred in directing them, jointly, with the noncustodial parents, to reimburse *642 the Department of Health and Rehabilitative Services (HRS) for public assistance monies received by appellants on behalf of their minor children, pursuant to Section 409.2561, Florida Statutes....
...1986), or a responsible parent of the child owed a duty of support, as provided by Section
409.2554, Florida Statutes (1985). Therefore the custodial parent, once the child's eligibility for such benefits has been established, cannot be considered obligated to repay HRS for the amounts received. Section
409.2561(1), Florida Statutes (1985), provides that any payment of public assistance made for the benefit of a dependent child creates an obligation on behalf of the responsible parent in an amount equal to the amount of public assistance paid....
...is defined as "the person to whom support payments are made pursuant to an alimony or child support order." These definitions, added by amendment in 1986, replaced the former term, "responsible parent". In employing these new statutory definitions, section 409.2561 now provides: (1) Any payment of public assistance money made to, or for the benefit of, any dependent child creates an obligation in an amount equal to the amount of public assistance paid......
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
...At the hearing, it was agreed that the amount of the child support was not in dispute. 7. Debtors contend the claim for child support owed by Debtor, Erwin Maiten, has been assigned to the Department of Revenue, by operation of law, pursuant to Florida Statute § 409.2561, and therefore, is non-priority under 11 U.S.C....
...F.S.A. §
409.2557 (1997). The Department of Revenue is then charged with turning over these amounts to the extent that they were not assigned to the state or federal government. See 42 U.S.C. § 657 (1998). *248 The Debtors rely on Florida Statutes §
409.2561(2)(a) to support their argument that the child support claim was "assigned" to the Department of Revenue. Florida Statutes §
409.2561 provides: (2)(a) By accepting public assistance, the recipient assigns to the department [3] any right, title, and interest to support the recipient may be owed: 1....
...een entered, or where there is a court order; 2. On the recipient's own behalf or on behalf of another family member for whom the recipient is receiving assistance; and 3. At the time that the assignment becomes effective by operation of law. F.S.A. § 409.2561(2)(a) (1998) (emphasis added). The Debtors allege the plain language of Florida Statutes § 409.2561 indicates the claim for child support has been assigned to the Department of Revenue by operation of law....
...rwin Maiten's former spouse. Further, the Debtors have failed to offer evidence that the Debtor's former wife has accepted public assistance of any kind from the State of Florida or other governmental agency. From a plain reading of Florida Statutes §
409.2561(2)(a), the Department of Revenue is assigned the support rights of an individual, by operation of law, only when the individual is a recipient of public assistance. See F.S.A. §
409.2561(2)(a) (1998). This Court has previously noted that under §
409.2561 "any payment of public assistance benefits creates an obligation in the amount of assistance extended and that the acceptance of the public assistance is an assignment of support rights by operation of law." In re Walden,
60 B.R. 641, 645 (Bankr.M.D.Fla.1986); see Florida Dep't of Health and Rehabilitative Services v. LaPlante, 470 S.2d 832 (Fla.Dist. Ct.App.1985) (noting, pursuant to §
409.2561, the state becomes assignee of former wife's rights to support, to extent funds provided)....
...As a result, since the Debtors offer no evidence that Erwin Maiten's former wife has received public assistance from the State or other governmental agency, this Court finds no indication of an "assignment" as contemplated by either Florida Statutes § 409.2561 or 11 U.S.C....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1989 WL 49597
...ach to pay $1,381.33 in monthly installments. HRS argues that the wife, being the custodial parent, should not be obligated to repay HRS for the amounts of Aid to Families with Dependent Children (AFDC) received on behalf of a minor child. We agree. Section 409.2561(4), Florida Statutes (1988 Supp.), expressly excludes the custodial parent from liability for reimbursement, and the wife thus cannot be required to reimburse HRS for the monies she received in this case....
...obligor" as defined by section
409.2554(6), Florida Statutes (1988 Supp.). We do not find the husband to meet the statutory definition of obligor as he was not under an order of support during the period for which HRS asks reimbursement. Pursuant to section
409.2561(1), Florida Statutes (1988 Supp.), the trial court did have the authority to establish the husband's liability for the past assistance debt....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...The fact that she is now receiving welfare to support the child suggests that this expectation may not have been fulfilled and serves as a sufficient allegation of a change of circumstances to justify a hearing on the issue. There is no doubt that HRS has standing to seek modification of the dissolution judgment pursuant to Section 409.2561, Florida Statutes (1981)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 1495
...g Michael R. LaPlante credit on arrearages of child support and ordering HRS to reimburse him for funds it intercepted from his income tax refund. On November 9, 1982, HRS filed a petition to determine arrearages in child support due the state under section 409.2561, Florida Statutes (Supp....
...Here, LaPlante does not contend that his obligation to pay child support to his former wife was ever modified. He did not challenge the entitlement of either his former wife or HRS to the arrearages. HRS furnished public assistance to fill the void created when LaPlante was in prison. Under section 409.2561 it became the assignee of the former wife's rights to the extent of the funds it provided....
...ch the taxpayers have provided to support his children. Accordingly, we vacate the order appealed and direct the court, on notice to all interested parties, to conduct a hearing on the HRS petition and determine LaPlante's statutory obligation under section 409.2561. GRIMES, A.C.J., and SCHEB and LEHAN, JJ., concur. NOTES [1] Subsections 409.2561(3) and (4) provide, in pertinent part: (3) By accepting public assistance for, or on behalf of, a dependent child, the recipient is deemed to have made an assignment to the department of any right, title, and interest in any child support ob...
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 3147, 2015 WL 965647
...ncome (SSI) regulations in 20 C.F.R. § 416.905 (1994).” (citing Walker v. Dep’t of HRS, Dist. I, Escambia Cnty., Medically Needy Unit No. 12,
533 So.2d 836, 837 (Fla. 1st DCA 1988))). The Department of Revenue, on Mother’s behalf, argues that section
409.2561(4), Florida Statutes (2014), prevents the inclusion of the custodial parent’s SSI as income....
...That statute provides: (4) No obligation of support under this section shall be incurred by any person who is the recipient of supplemental security income or temporary cash assistance for the benefit of a dependent child or who is incapacitated and financially unable to pay as determined by the department. §
409.2561, Fla. Stat. Section
409.2561(4) does not exclude SSI from the income calculation; it only forecloses the possibility that, after relative incomes are calculated, the parent receiving SSI would be required to pay out of his or her SSI. See Dep’t of Rev. ex rel Marchines v. Marchines,
974 So.2d 1085, 1086 (Fla. 2d DCA 2007) (noting that “anyone receiving SSI is excused from paying support” (citing §
409.2561(4), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal
...The juvenile judge adjudicated a child, J.S., dependent and placed it in the custody of its mother under the protective supervision of the Department of Health and Rehabilitative Services (HRS) with the understanding or expectation that HRS would institute proceedings under section 409.2561(4), Florida Statutes (1981), to legally establish the duty of support of the child's putative father and to seek reimbursement from him of public funds paid to the mother for support of the child under section 409.255....
...n of powers clause of the constitution of the State of Florida (Fla. Const. art. II, § 3) by ordering HRS, an executive agency, to exercise a power appertaining to the executive of the state government, being the discretionary statutory right under section 409.2561(4), Florida Statutes, to seek reimbursement from a person primarily responsible for the child support for which public assistance is being paid....
...pose mandatory duties on HRS to assist individuals, such as the court appointed custodian of an illegitimate child, as to paternity determination and child support collection in instances other than those where HRS is exercising its discretion under section 409.2561 to seek reimbursement for public assistance paid under section 409.255 to aid families with dependent children....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...ubsequent employment upon his release from prison. At that time, HRS sought reimbursement of the AFDC benefits which had been provided to Hatfield's children during his term of imprisonment. The amended petition filed by HRS alleged that pursuant to section 409.2561(1), Florida Statutes (1985), Hatfield was obligated to reimburse HRS a total amount of $7287....
...The trial court granted a summary judgment in favor of Hatfield on the issue of reimbursement *63 but dismissed his counterclaims with prejudice. This timely appeal followed. HRS contends that the trial court erred in granting summary judgment for Hatfield because section 409.2561(1) provides for the reimbursement of public assistance monies distributed on behalf of an absent responsible parent for the benefit of that parent's minor dependent children without a prior court order establishing the parent's obligation to provide child support. Although we agree that HRS has a right to obtain such reimbursement under proper circumstances, we find that such circumstances were not present in this case. Section 409.2561 provides, in part (foot-notes added): (1) Any payment of public assistance [1] money made to, or for the benefit of, any dependent child creates an obligation in an amount equal to the amount of public assistance so paid....
...support action or action to determine paternity or execute any legal, equitable, or administrative remedy existing under the laws of the state to obtain reimbursement of public assistance paid, being paid, or to be paid. Thus, the plain language of section 409.2561(1) does provide HRS with a means to obtain reimbursement of "public assistance" monies paid absent a prior court order establishing a support obligation. The amount of funds which HRS may obtain through reimbursement, however, is limited by sections 409.2561(3) and (4) which provide HRS with no greater remedy than that available to the recipients of the public assistance monies....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 8608, 1991 WL 174429
JOANOS, Chief Judge. The Department of Health and Rehabilitative Services (HRS) has appealed an order of the trial court entering a money judgment in its favor for reimbursement of public assistance benefits, pursuant to section 409.2561, Florida Statutes (1989)....
...Under the circumstances of this case, we agree, and reverse. Robert and Janet McLemore were divorced in 1983. No child support order was ever entered for the couple’s three minor children, and HRS provided public assistance from March 1, 1983 to October 31, 1984. Section 409.2561(1), Florida Statutes, provides that “[a]ny payment of public assistance money made to, or for the benefit of, any dependent child creates an obligation in an amount equal to the amount of public assistance paid.” In 1990, HRS filed a complaint to establish Robert McLe-more’s obligation for past support....
...A hearing was held, in the course of which McLemore acknowledged his obligation to pay back $4191 in assistance benefits. HRS asked the court to incorporate into the final judgment McLemore’s agreement that he would pay back that amount at $50 per month. However, based on the provision in section 409.2561(1) that “[i]f there is no prior court order establishing an obligation of support, the court shall establish the liability of the obligor for reimbursement of public assistance moneys paid” (emphasis supplied), the court found that it had no authority to do more than enter a final judgment in behalf of HRS in the amount of the obligation. We have already ruled that the language of section 409.2561(1) is broad enough to incorporate a payment agreement into an order establishing the liability of the obli-gor for public assistance moneys paid....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 8911, 16 Fla. L. Weekly Fed. D 2353
...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 assistance programs.” Section
409.2561(1), Florida Statutes (1989), which sets forth reimbursement obligations of family members with regard to public assistance payments, states in part: Any payment of public assistance money made to, or for the benefit of, any dependent...
CopyPublished | District Court of Appeal of Florida | 1998 WL 637006
...If there is no prior court order establishing an obligation of support, the court shall establish the liability of the obligor, if any, for reimbursement of public assistance moneys paid, by applying the child support guidelines in s.
61.30 for the public assistance period. §
409.2561(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1999 Fla. App. LEXIS 13340, 1999 WL 890716
...The Florida Department of Revenue (DOR) and S.R.M., the natural mother of S.S.M., a minor child, sued M.C.W. to determine paternity and child support. DOR’s involvement arose from the State’s payment of public assistance money for the benefit of the child. See § 409.2561(2)(a), Fla....
...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. Stat. (1991). To that end, section
409.2561(1) provides that the payment of public assistance money for the benefit of any dependent child creates an obligation in an amount equal to the amount of public assistance paid....
...In the absence of any affirmative defenses and upon proof of need and ability to pay, the mother in this case will be entitled to support from the father from the date of the child’s birth, even if the father was unaware of the child’s birth. See Golden. In turn, DOR, by operation of section 409.2561(2)(a), will be entitled to any support owed by the father to the mother, up to the amount of public assistance paid....
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 2460, 1984 Fla. App. LEXIS 15910
...obtained a prior judgment in the same proceeding against him, dated March 11, 1982, which failed to include past support. We agree and reverse. HRS paid public assistance for the benefit of Carla Faye Jamerson from the time of her birth. Pursuant to section 409.2561, Florida Statutes (1988), HRS filed suit against Camps to establish that he was Carla’s father, and to obtain reimbursement of public moneys expended by it on behalf of Carla....
...Months later, and purportedly filed in the “same proceeding,” HRS filed a motion for repayment of public assistance monies it had paid for Carla from the date of her birth through the time it filed the paternity suit. These proceedings were brought pursuant to section 409.2561, Florida Statutes (1983), which provides that any payment of public assistance money for the benefit of a dependent child creates an obligation owing to HRS by the responsible parent. 1 It becomes, in effect, a subrogee to the child’s rights (or its parent or guardian) to recover support. 2 Section 409.2561(1) provides in part; Any payment of public assistance money made to, or for the benefit of, any dependent child creates an obligation in an amount equal to the amount of public assistance so paid....
...A person to whom support or alimony is owed by another, is allowed to bring but one suit to recover all of the funds owing at the time the suit is filed. 3 Accordingly, the order appealed is REVERSED. COBB, C.J., concurs. COWART, J., dissents with opinion. . Section 409.2561 consists of three interrelated provisions: subparagraph (1) directs that HRS obtain, from those responsible parents who have the ability to pay, reimbursement for public assistance monies expended to benefit dependent children, while...
...he amount of public assistance paid and allows the state to act for the recipient in all matters relating to child support, including the pursuit of civil remedies to enforce the support obligation. See Lamm v. Chapman,
413 So.2d 749 (Fla.1982). . §§
409.2561(3) & (4), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 4180, 1994 WL 169519
...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 section
409.2561(1), Florida Statutes (1991), the phrase “child support order” expands to include an order entered after public assistance monies have been paid. Section
409.2561(1), Florida Statutes (1991), provides: (1) Any payment of public assistance money made to, or for the benefit of, any dependent child creates an obligation in an amount equal to the amount of public assistance paid....
CopyPublished | Florida 5th District Court of Appeal
...department as her or his attorney in fact to act in her or his name, place, and stead to
perform specific acts relating to the . . . enforcement of support obligations, including, but
not limited to . . . [p]ursuing civil and criminal enforcement of support obligations . . . ." §
409.2561(2)(b)4., Fla....
...(2017). While the statute is clear that the Department's attorney
represents only the agency and not Mother, this is not material because the Department
is Mother's attorney in fact for purposes of enforcing the administrative child support
order. §§
409.2561(2)(b),
409.2564(5), Fla....
CopyPublished | Florida 4th District Court of Appeal
...ity Act.” §
61.1824(1)(a), Fla. Stat. (2018).
Florida law also states that, by accepting public assistance on behalf of
a child, a recipient “assigns to the department any right, title, and interest
to support the recipient may be owed.” §
409.2561(2)(a), Fla....
...7
custodian “to prosecute or maintain any support action or action to
determine paternity or execute any legal, equitable, or administrative
remedy existing under the laws of the state to obtain reimbursement.” §
409.2561(3), Fla....
...the transcript of the hearing that such was its conclusion.
It is significant that by accepting public assistance on behalf of a child,
a “recipient assigns to the department any right, title, and interest to
support the recipient may be owed.” § 409.2561(2)(a), Fla....
...subrogated to the right of the child or the child’s custodian “to prosecute
or maintain any support action or action to determine paternity or execute
any legal, equitable, or administrative remedy existing under the laws of
the state to obtain reimbursement.” § 409.2561(3), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 3848, 2007 WL 777507
...ny alleged arrearages. Mr. Marchines did exercise his rights and objected to paying the judgment. He ■wrote the Department claiming he was completely disabled, was not working, had no income, and had filed for supplemental security income (SSI). 1 Section 409.2561(4), Florida Statutes (2004), provides that anyone receiving SSI is excused from paying support....
...Marchines finally supplied the necessary SSI documentation. Despite his compliance with the Department’s request for this official documentation, the hearing went forward. Having proof that Mr. Marchines was receiving SSI, the hearing officer correctly determined that the language of section 409.2561(4) precluded the Department from enforcing the child support arrearage order against him....
...No appeal was taken from the court’s order. Subsequently, Mr. Marchines’s counsel filed a motion for section
57.105 attorney’s fees. The motion claimed that despite the fact that Mr. Marchines informed the Department that he was incapacitated and that section
409.2561(4) provided a complete defense to enforcement of the Pennsylvania judgment against him, the Department persisted in pressing the claim, forcing Mr....
...to contest the remedies being sought or the amount of any alleged arrearages pursuant to s.
88.6071. (Emphasis added.) Pursuant to section
88.6071(1)(3), Mr. Marchines asserted “a defense under the law of this state to the remedy sought,” i.e., section
409.2561(4)....
...or render the order void or a nullity.”). Mr. Marchines did not seek vacation of the already registered Pennsylvania order. The order “granting” his objection had the effect of excusing him from paying the child support arrearage by virtue of section 409.2561(4), but it did not “vacate” the registration....
...enable. Reversed. ALTENBERND and KELLY, JJ., Concur. . Mr. Marchines also objected to the amount Pennsylvania claimed he owed, but this was not the basis upon which the order excusing him from paying was based. . Specifically, this statute provides: 409.2561....
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 2053297, 2012 Fla. App. LEXIS 9184
...nd 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. Stat. (emphasis added); see also §
409.2561(1), Fla....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 5823, 1992 WL 118453
...the two parents, that neither parent was entitled to receive child support from the other. Thereafter, apparently the mother failed to properly support M.M. and T.S. and HRS provided that support and then brought this action against the father under section 409.2561, Florida Statutes, as assignee of the support obligee....
...cumstances. That prior adjudication cannot be properly disregarded in a collateral action involving the same adjudicated subject matter, which is, the father’s current legal duty to pay child support for the two children in the mother’s custody. Section 409.2561, Florida Statutes, in effect, subrogates HRS to the rights of the support obligee 6 when public assistance money payments have been made to, or for the benefit of, a dependent child....
...As defined in section
409.2554(5), Florida Statutes. . Looking at it from another direction, if the prior final judgment is to be disregarded and the mother (and her subrogee, HRS) are not bound by it then the father is likewise not bound and is entitled to have HRS proceed under section
409.2561 (or section
409.2567, Florida Statutes), against the mother to enforce her obligation to contribute to the support of K.K....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1495, 1985 Fla. App. LEXIS 14545
...g Michael R. LaPlante credit on arrearages of child support and ordering HRS to reimburse him for funds it intercepted from his income tax refund. On November 9, 1982, HRS filed a petition to determine arrearages in child support due the state under section 409.2561, Florida Statutes (Supp.1982)....
...Here, LaPlante does not contend that his obligation to pay child support to his former wife was ever modified. He did not challenge the entitlement of either his former wife or HRS to the arrearages. HRS furnished public assistance to fill the void created when LaPlante was in prison. Under section 409.2561 it became the assignee of the former wife’s rights to the extent of the funds it provided....
...the taxpayers have provided to support his children. Accordingly, we vacate the order appealed and direct the court, on notice to all interested parties, to conduct a hearing on the HRS petition and determine La-Plante’s statutory obligation under section 409.2561. GRIMES, A.C.J., and SCHEB and LE-HAN, JJ., concur. . Subsections 409.2561(3) and (4) provide, in pertinent part: (3) By accepting public assistance for, or on behalf of, a dependent child, the recipient is deemed to have made an assignment to the department of any right, title, and interest in any child support ob...
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 7477, 1994 WL 390755
...409.2554(6), Fla.Stat. (1991). The appellee argues that the definition of “obligor” excludes him from liability for public assistance monies that were paid before the child support order was entered against him. However, when read together with section
409.2561(1), Florida Statutes (1991), the phrase “child support order” expands to include an order entered after public assistance monies have been paid. State, Dep’t of Health & Rehabilitative Servs, v.
636 So.2d 550 (Fla. 2d DCA 1994). Section
409.2561(1), Florida Statutes (1991), provides in pertinent part: Any payment of public assistance money made to, or for the benefit of, any dependent child creates an obligation in an amount equal to the amount of public assistance paid....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1817, 1985 Fla. App. LEXIS 14412
...court to reopen proceedings and relitigate matters previously decided. Accordingly, we vacate the order entered herein and remand for proceedings consistent with this opinion. RYDER, C.J., DANAHY, J., and FO-GLE, HARRY W., Associate Judge, concur. . Section 409.2561, Florida Statutes (1983), provides, in pertinent part, as follows: (3) By accepting public assistance for, or on behalf of a dependent child, the recipient is deemed to have made an assignment to the department of any right, title, a...
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 18873
THOMPSON, Judge. This ease presents the issue of whether the contempt power may be used to enforce the payment of child support assigned to the state under Section 409.2561(3), Florida Statutes (1979)....
...We conclude that the contempt power may be used to enforce this payment. This same issue has been addressed, with differing results, by two other Florida District Courts of Appeal. In Andrews v. Walton,
400 So.2d 790 (Fla.2d DCA 1981), the court reasoned that the assignment of child support payments to the state under Section
409.2561(3), Florida Statutes (1979) does not change the nature of the obligation....
CopyPublished | Florida 1st District Court of Appeal | 1990 WL 7624
...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. Since there is no prior support order establishing appellee's obligation, the appellant argues that section 409.2561(1), Florida Statutes (Supp....
...e a parent under a support obligation fails to carry out the obligation. She argues that the statutes do not require reimbursement from a parent who has no court-ordered support obligation, and only allow HRS to seek reimbursement from an "obligor". § 409.2561(1), Fla....
...The question in this case as we see it is whether a parent can be held liable for reimbursement when that parent is not under *469 a support obligation. Receipt of AFDC benefits constitutes an assignment to HRS of any right to support the recipient may be owed "from any other person." § 409.2561(2)(a)(1), Fla. Stat. (Supp. 1988). Moreover, HRS is subrogated to the right of the dependent child or custodian of the child to maintain a support action and to obtain reimbursement of public assistance paid, being paid, or to be paid. § 409.2561(3), Fla. Stat. (Supp. 1988). Section 409.2561(1), Florida Statutes (Supp....
...reimbursement of the AFDC benefits from the father. The trial court entered an order which split the responsibility for reimbursement between the father and the mother. On appeal, this court reversed, stating: It is clear from the plain meaning of [section 409.2561(1)] that the legislature intended for only the obligor, e.g., the noncustodial parent responsible for support payments, to reimburse the state for public assistance monies provided to the child....
...When the wife received AFDC benefits, HRS brought a reimbursement action against the husband. The trial court entered an order finding the husband and wife each liable for one-half of the public assistance debt. In reversing the assessment against the wife, the Second District stated: Section
409.2561(4), Florida Statutes (1988 Supp.), expressly excludes the custodial parent from liability for reimbursement, and the wife thus cannot be required to reimburse HRS for the monies she received in this case. Sapp v. Daniels,
520 So.2d 641 (Fla. 1st DCA 1988). Id. at 1370. Although there is a citation to Sapp, it is clear that Sapp did not rely upon section
409.2561(4), Florida Statutes (Supp....
...If liability for reimbursement were limited to only those parents already under a support order, then the statute would be nothing more than a means of enforcing existing support obligations; the plain language of the statute demonstrates that it is more than this. Section 409.2561(1), Florida Statutes (Supp....
...When "obligor" came to replace "responsible parent", *471 the emphasized language was left out of the definition and the result was the confusion referred to above. The omission should not be construed as evidence of an intent to restrict the parties who are subject to an action for reimbursement. The phrase in section 409.2561(1), Florida Statutes (Supp....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 218, 1986 Fla. App. LEXIS 5940
2d 1255 (Fla.2d DCA 1978). Moreover, under section 409.-2561(1), Florida Statutes (1983), appellee is required
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 924, 1991 WL 15005
...In our order of October 2, 1990, we rejected petitioners’ claims because we found no statutory authority for HRS to appear on behalf of a party defending against a separate petition seeking a reduction in periodic child support payments. In their motion for rehearing, however, petitioners drew our attention to section 409.2561(2)(a), which provides: By accepting public assistance, the recipient assigns to the department any right, title, and interest to support the recipient may be owed: *1174 1....
CopyPublished | Florida 2nd District Court of Appeal | 1990 Fla. App. LEXIS 1070, 1990 WL 15913
LEHAN, Judge. We reverse the trial court’s order granting the appellee’s motion to dismiss the petition of the Department of Health and Rehabilitative Services (HRS) for reimbursement for public assistance monies paid. See § 409.2561(1), Florida Statutes (1988 Supp.); State, Department of Health & Rehabilitative Services v....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 443, 1988 Fla. App. LEXIS 565
...sequent employment upon his release from prison. At that time, HRS sought reimbursement of the AFDC benefits which had been provided to Hatfield’s children during his term of imprisonment. The amended petition filed by HRS alleged that pursuant to section 409.2561(1), Florida Statutes (1985), Hatfield was obligated to reimburse HRS a total amount of $7287....
...The trial court granted a summary judgment in favor of Hatfield on the issue of reimburse *63 ment but dismissed his counterclaims with prejudice. This timely appeal followed. HRS contends that the trial court erred in granting summary judgment for Hair field because section 409.2561(1) provides for the reimbursement of public assistance monies distributed on behalf of an absent responsible parent for the benefit of that parent’s minor dependent children without a prior court order establishing the parent’s obligation to provide child support. Although we agree that HRS has a right to obtain such reimbursement under proper circumstances, we find that such circumstances were not present in this case. Section 409.2561 provides, in part (footnotes added): (1) Any payment of public assistance 1 money made to, or for the benefit of, any dependent child creates an obligation in an amount equal to the amount of public assistance so paid....
...Thus, the plain language of section 409.-2561(1) does provide HRS with a means to obtain reimbursement of “public assistance” monies paid absent a prior court order establishing a support obligation. The amount of funds which HRS may obtain through reimbursement, however, is limited by sections 409.2561(3) and (4) which provide HRS with no greater remedy than that available to the recipients of the public assistance monies....
CopyPublished | Florida 5th District Court of Appeal | 2005 WL 3326008
...s deceased mother. As such, the mother's estate did not possess the legal authority to assign any interest in said arrearage to Thurlow. Accordingly, the trial court's order is affirmed. In closing, we note that, although the Legislature has enacted section 409.2561 of *740 the Florida Statutes [1] in order to expressly authorize HRS/DCF to obtain an assignment of a parent's child support arrearage enforcement rights from a receiving parent, there is no current statutory or case law which authorizes a receiving parent to assign to a third party creditor any right to seek enforcement of a child support arrearage vis a vis the paying parent. AFFIRMED. TORPY, J., concurs. GRIFFIN, J., dissents without opinion. NOTES [1] Section 409.2561 of the Florida Statutes provides: 409.2561....
...ed by such court order; 2. On the recipient's own behalf or in behalf of another family member for whom the recipient is receiving temporary cash or Title IV-E assistance; and 3. At the time that the assignment becomes effective by operation of law. § 409.2561(2)(a), Fla....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 18185
...nry through public assistance programs. §
409.2551, Florida Statutes. The law provides that any payment of public assistance money made for the benefit of any dependent child creates a debt due and owing to the department by the responsible parent. §
409.2561, Florida Statutes....
CopyPublished | Florida 2nd District Court of Appeal | 1982 Fla. App. LEXIS 22209
district court’s opinion. Upon examination of Section
409.2561 and the declared public policy regarding child
CopyPublished | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 18513, 2001 WL 1744275
...received on behalf of the couple’s minor child and attorney’s fees and court costs incurred by the department. We agree and reverse. The department’s argument as to repayment of public assistance benefits is supported by statute and case law. Section 409.2561(1), Florida Statutes (Supp....
...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). Section
409.2561(4) expressly excludes the custodial parent from liability for reimbursement....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2756, 1985 Fla. App. LEXIS 16944
...The Department of Health and Rehabilitative Services (HRS) appeals the trial court’s order denying its petition to require appellee Edward Parks to reimburse the state for public assistance payments made for the benefit of appellee’s minor children. In its petition under section '409.2561(3)(c), Florida Statutes (Supp.1982), HRS alleged that from July through December 1982 it made payments totalling $1,476 to the children’s mother, Mary Ann Parks, with whom the children resided....
...Parks for the children’s benefit, but denied that he was responsible for reimbursement. During a hearing, the trial judge learned that Mrs. Parks had taken the children from Illinois to Florida without prior notice to Mr. Parks. On this basis the judge determined that Mr. Parks was not obligated to reimburse HRS. Under section 409.2561(1), Florida Statutes (Supp.1982), a responsible parent is required to reimburse HRS for public assistance payments for a child’s benefit, subject to the statutory exceptions of section 409.2561(5), Florida Statutes (Supp....
