CopyCited 12 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 1440, 2011 WL 362413
...quirements of the law. Because this departure may result in harm that cannot be remedied on appeal, [1] we grant the petition and quash the order under review. On March 13, 2009, the Department issued a Final Administrative Support Order pursuant to section 409.2563, Florida Statutes (2009), [2] which provided that Lynch had a legal duty to contribute to the support of Carnley's child, who was born in November 2005, "because he is the father and a noncustodial parent." The order further provided...
...1st DCA 2006) ("We find that subjecting Mother and Child to a potentially intrusive [paternity] test ... is enough to constitute irreparable harm."); see also State, Dep't of Revenue ex rel. Chambers v. Travis,
971 So.2d 157, 159 n. 1 (Fla. 1st DCA 2007), and the authorities cited therein. [2] Section
409.2563(1)(a) defines an "administrative support order" as "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 ...." §
409.2563(1)(a), Fla....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 2006 WL 2714449
...ivision of Administrative Hearing's ("DOAH") order directing Respondent, Mother, and Child to submit to DNA testing to establish paternity even though Respondent previously signed an acknowledgment of paternity. The hearing below was conducted under section 409.2563, Florida Statutes (2005)....
...Instead, his case was referred to DOAH and, subsequent to a hearing, DOAH issued a temporary administrative support order requiring Respondent to pay child support pending the results of genetic testing, which DOAH also ordered. Initially, we relied on Mendez v. Department of Revenue,
898 So.2d 1060 (Fla. 2d DCA 2005), and section
409.2563(2)(f), Florida Statutes (2005), [1] in determining that DOR was required to halt the administrative process and continue in circuit court once the request for paternity testing was made....
...that trigger a termination of the administrative proceedings under section 490.2563(2)(f). Therefore, section 490.2563(2)(f) is inapplicable. We find that neither DOR nor DOAH has jurisdiction to hear or determine issues of disputed paternity under section 409.2563(2)(b), Florida Statutes (2005)....
...A proceeding under this statute presumes that paternity has already been established or is being established in a separate administrative proceeding pursuant to section
409.256, Florida Statutes (2005). This is evidenced by the use of the term "non-custodial parent" in the statutory language of section
409.2563, as opposed *1237 to "putative father," which means "an individual who is or may be the biological father of a child whose paternity has not been established and whose mother was unmarried when the child was conceived and born." See Section 490.256(1)(g), Florida Statutes (emphasis added). The ALJ departed from the essential requirements of law when she ordered genetic testing under section
409.2563, Florida Statutes (2005). See Allstate Ins. Co. v. Kaklamanos,
843 So.2d 885, 890 (Fla.2003) (explaining that failure of a court to follow a controlling statute can be a departure from the essential requirements of law and a basis to grant a petition for certiorari). Section
409.2563(2)(b) clearly establishes that DOAH does not have jurisdiction to determine disputed paternity....
...ed. We, therefore, GRANT the petition for writ of certiorari and QUASH the order for genetic testing. We also REMAND and instruct the ALJ below to enter a final administrative order regarding support. ALLEN, DAVIS, and THOMAS, JJ., concur. NOTES [1] Section 409.2563(2)(f), Florida Statutes (2005), states, "The department [DOR] shall terminate the administrative proceeding and file an action in circuit court to determine support if within 20 days after receipt of the initial notice the noncustodial parent ....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 12507, 2009 WL 2601832
...he Order as he claims the administrative law judge did not take into consideration his child support and care expenses. We affirm. The mother, Sujei Garcia, initiated the administrative process regarding Macias's child support obligation pursuant to section 409.2563, Florida Statutes (2008)....
...l Administrative Support Order was entered. As a result, he seeks to have this Court modify the Order and reduce his child support payments. We deny his request as this issue arose after the Final Administrative Support Order was issued. Pursuant to section 409.2563(12), Florida Statutes (2008), he cannot seek modification of a Final Administrative Support Order on appeal by presenting facts that were not initially presented to the administrative law judge....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 5964, 2010 WL 1728845
...The Department may reissue an appropriate income deduction order after recalculating the retroactive support obligation and making any necessary adjustments to Mr. Salters' monthly contribution towards the arrearage. Affirmed in part, reversed in part, and remanded. VILLANTI and LaROSE, JJ., Concur. NOTES [1] See § 409.2563, Fla....
...Department's failure to hold a hearing when he was twice given notice of his right to request a hearing and did not do so). [2] Mr. Salters is not without a remedy. He may seek a modification of the final administrative support order as set forth in section 409.2563(12), or he may seek a superseding order in the circuit court pursuant to section 409.2563(10)(c)....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2008 WL 4949111
...The Department contends that the trial court's order setting aside the administrative child support order is void, and thus must be vacated, because jurisdiction to retroactively review a final administrative child support order is vested in the district courts of appeal not in the circuit courts. We agree. Section 409.2563(10)(a) and (c), Florida Statutes (2006), provides in pertinent part: 409.2563 Administrative establishment of child support obligations. * * * (10) Judicial review, enforcement, or court order superseding administrative support order....
...he court. In all cases in which an administrative support order is superseded, the court shall determine the amount of any unpaid support owed under the administrative support order and shall include the amount as arrearage in its superseding order. § 409.2563(a) & (c), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 2187, 2015 WL 675083
... poorly drafted though the request may have been — to the extent that it sought prospective modification of child support, we reverse in part. On August 31, 2011, the Department of Revenue entered a Final Administrative Support Order pursuant to section 409.2563, Florida Statutes, which established a $429.99 child support obligation due from the appellant as well as a retroactive support obligation of $84.99 per month....
...The Defendant must first file a Petition for the Court to adopt the Administrative Order.” (Bold in original). The issue of whether a trial court has subject matter jurisdiction is a question of law which we review de novo. Dep’t of Revenue ex rel. Smith v. Selles,
47 So.3d 916, 918 (Fla. 1st DCA 2010). Section
409.2563(10)(c), Florida Statutes, provides: A circuit court of this state, where venue is proper and the court has jurisdiction of the parties, may enter an order prospectively changing the support obligations established in an administrativ...
...y speaks of prospective or future action. Paragraph number six of the pleading discusses a request for the court to make a determination of the amount of child support appellant can afford after release from prison, again seeking prospective action. Section 409.2563(11), Florida Statutes, provides, “An administrative support order rendered under this section has the same force and effect as a court order and remains in effect until modified by the department, vacated on appeal, or superseded b...
...equent court order.” We read appellant’s pro se pleading seeking abatement and modification as a request for the court to enter a subsequent, superseding order. The circuit court has subject matter jurisdiction to consider this request. See also § 409.2563(2)(a), Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2007 WL 4124554
...atter when Fernandez filed an answer disputing paternity and requested DNA testing to determine whether he was the child's father. Second, he argues that the administrative judge reversibly erred by failing to conduct a hearing pursuant to paragraph 409.2563(4)(h), Florida Statutes (2007). Third, Fernandez asserts that section 409.2563 is itself violative of the parties' rights under the federal and Florida constitutions....
...The Proceedings Below DOR's Child Support Enforcement Program commenced an administrative proceeding against Fernandez alleging that his paternity had been legally established by affidavit or voluntary acknowledgment as to a minor child. In accordance with subsection 409.2563(4), Florida Statutes, Fernandez was directed to complete and provide a financial affidavit to DOR within twenty days after receiving the notice and to file a request for hearing, if he wanted a hearing, within that time as well....
...lished. The controlling statute expressly requires a separate action in circuit court if the noncustodial parent requests that in writing or states in writing his or her intention to raise issues concerning custody or rights to parental contact. See § 409.2563(2)(f), Fla....
...No Hearing Fernandez contends that the administrative judge committed reversible error and abused his discretion "when counsel for the alleged father specifically requested a hearing on the DNA to determine paternity and no hearing was conducted pursuant to Florida Statute 409.2563(4)(h)." Fernandez's answer, however, requested DNA testing but not a hearing....
...strative Support Order" Fernandez could have requested a hearing, but did not do so. Nothing was or *878 has been proffered to show reversible error or any abuse of discretion by the administrative judge in that respect. III. Constitutionality of Section 409.2563 Fernandez argues that section 409.2563, Florida Statutes, violates a party's right to due process, a fair trial, and the right to counsel under the federal and Florida constitutions....
...The paternity statutes afforded him then, and continue to afford him, a remedy to disestablish paternity and terminate his child support obligations if he complies with those statutes and proves his case. Fernandez has cited no specific defect or precedent in support of the conclusory and unpreserved assertion that section 409.2563 is unconstitutional....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2017 WL 2484963, 2017 Fla. App. LEXIS 8487
...information from Gaut and provided him with notice advising him of his right to
participate and to request a hearing. Moreover, the Department correctly could and did
utilize available state wage information to calculate Gaut's current child support
obligation. See § 409.2563(5)(a), Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 11374, 2011 WL 2848630
...[1] The Department of Revenue, Child Support Enforcement Program, ("Department") *1151 instituted a proceeding, on behalf of Sabrina John-Jules, to establish the paternity of John-Jules' child and to establish the biological father's current and retroactive child support obligations. See §§
409.256,
409.2563, Fla....
...The cause is remanded for further proceedings. Affirmed in part and reversed in part. NOTES [1] Finch does not contest the paternity determination and we affirm the order as to that ruling. [2] The order does not indicate that the ALJ imputed any income to Finch, see § 409.2563(5)(a), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 10456, 2010 WL 2787459
...ive modification of child support and the circuit court's order denying the Department's motion to vacate that order. The issue we must resolve is whether the circuit court erred when it held that a previous court order was a superseding order under section 409.2563, Florida Statutes (2008), that vested sole jurisdiction in the circuit court, thus depriving the Department of jurisdiction to issue an administrative modification of child support....
...In 2004, the Department filed a notice of proceeding on behalf of the mother to establish an administrative support order requiring the father, Keith Hoover, to pay child support for their child. The Department instituted these proceedings because the mother was receiving public assistance. § 409.2563(2)(c), Fla....
...However, the court entered an order dated June 13, 2008, recognizing a conflict between the court's purported superseding order dated July 25, 2007, and the court's contempt order that was based on the modification order. The court held that its purported superseding order was indeed a superseding order under section
409.2563, Florida Statutes (2008), that vested the circuit court with jurisdiction and that the modification order entered by the Department was therefore void because the Department was divested of jurisdiction to enter it. The Department filed a motion to vacate the order dated June 13, 2008, which was denied. The Department appeals, claiming that the circuit court erroneously interpreted the meaning of superseding order under section
409.2563, and further claims that the court attempted to exercise appellate jurisdiction over the administrative action when appellate jurisdiction is specifically vested only in the district courts of appeal under section
120.68, Florida Statutes (2008)....
...ving public assistance, starting with the administrative procedure and moving to the role of the circuit court. The Department is empowered to administratively establish child support obligations as an alternative to proceeding in the circuit court. § 409.2563(2)(a). A final administrative support order "has the same force and effect as a court order and remains in effect until modified by the department, vacated on appeal, or superseded by a subsequent court order." § 409.2563(11). The Department may modify the administrative support order by following the same procedures for establishing the initial support order, provided that it has not been superseded by a subsequent court order. § 409.2563(12). Child support obligations may also be determined by the circuit court. § 409.2563(2)(a)....
...strative proceeding and file an action in circuit court to determine support if within 20 days after receipt of the initial notice the parent from whom support is being sought requests in writing that the department proceed in circuit court . . . ." § 409.2563(2)(f)....
...§
120.68(2)(a) ("Judicial review shall be sought in the appellate district where the agency maintains its headquarters or where a party resides or as otherwise provided by law. All proceedings shall be instituted by filing a notice of appeal . . . in accordance with the Florida Rules of Appellate Procedure . . . ."); §
409.2563(10)(a) ("The obligor has the *102 right to seek judicial review of an administrative support order or a final order denying an administrative support order in accordance with s....
...Mohomed,
996 So.2d 900, 901-02 (Fla. 5th DCA 2008). In administrative child support proceedings, the circuit court plays an important enforcement role because, unlike the Department, the circuit court can enforce administrative child support orders by using its contempt powers. §
409.2563(10)(b)....
...by any circuit court in the same manner as a support order issued by the court, except for contempt. If the circuit court issues its own order enforcing the administrative support order, the circuit court may enforce its own order by contempt. . . . § 409.2563(10)(b)....
...support obligations, is called an enforcement order. An enforcement order is not a superseding order from the court and it does not divest the Department of jurisdiction to modify the support obligations. Id. A superseding order, as contemplated by section 409.2563(10)(c), is an order issued by a circuit court that changes the support obligations prospectively and which, from its date of rendition, thereafter governs: (c) A circuit court of this state, where venue is proper and the court has ju...
...$395.68 per month, and Hoover concedes as much. Neither did the circuit court's July 25, 2007, order determine the amount of unpaid support owed as arrearage; instead the order reserved ruling on that issue. Thus, according to the plain language of section 409.2563(10)(c), the circuit court's July 25, 2007, order was not a superseding order....
...administrative modification order. Although Hoover did file a motion with the circuit court requesting a superseding order and termination of the administrative proceedings in lieu of circuit court proceedings, that motion was not timely filed under section 409.2563(2)(f)....
...Mohomed,
996 So.2d at 902; Dep't of Rev. ex rel. Chamberlain v. Manasala,
982 So.2d 1257, 1259 (Fla. 1st DCA 2008). If Hoover objected to the modification order, he had the right to seek relief through the district court of appeal, but not through the circuit court. See §
120.68(2)(a); §
409.2563(10); Mohomed; Manasala....
...We reverse the order dated June 13, 2008, that voided the administrative modification of child support, and we reverse the order denying the Department's motion to vacate that order. REVERSED. ORFINGER and TORPY, JJ., concur. NOTES [1] The parent may also timely file an original action in circuit court pursuant to section 409.2563(4)(n) to end the administrative child support proceedings.
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...On appeal from an order rendered by the Department of
Revenue.
August 3, 2018
PER CURIAM.
Appellant challenges on appeal the Department of Revenue’s
administrative paternity and support order, entered in
proceedings under sections
409.256 and
409.2563, Florida
Statutes. Appellant seeks judicial review of the administrative
order pursuant to sections
409.256(12) and
409.2563(10)(a).
Because Appellant failed to participate in the administrative
proceedings by returning the forms for financial information
supplied him by the Department and failed to request an
administrative hearing after notice of his right...
...t preserved any
issue for this Court’s appellate review. By waiving his right to a
hearing, Appellant waived his ability to challenge the sufficiency
of the evidence to support the Department’s determination of his
child support obligations. See § 409.2563(7)(b), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 14042, 2011 WL 3904598
...ion, in light of section
409.256, Florida Statutes. We disagree and affirm. Appellee's child support obligations were originally established by the Department's final administrative support order entered on May 28, 2008, via the process described in section
409.2563, Florida Statutes....
...upport payment would total $237.00. The Department argues that the second order, which prospectively reduced the father's total payments from $433.63 per month to $237.00 per month, was entered without jurisdiction. The Department relies on sections 409.2563(11) and (12), Florida Statutes, for its position that the Department has the sole authority to modify its administrative orders and a circuit court has no jurisdiction to do so. We find to the contrary. The provisions of section 409.2563 provide for a circuit court's prospective modification of child support payments originally established by administrative support order. The introductory language in section 409.2563, Florida Statutes specifically describes the legislative intent of the statute: It is not the Legislature's intent to limit the jurisdiction of the circuit courts to hear and determine issues regarding child support. This section is intended to provide the department with an alternative procedure for establishing child support obligations in Title IV-D cases in a fair and expeditious manner when there is no court order of support. § 409.2563(2)(a), Fla. Stat. In addition, section 409.2563(10)(c), Florida Statutes clearly recognizes the circuit court's authority to issue an order prospectively changing the support obligation thusly: (c) A circuit court of this state, where venue is proper and the court has jurisdiction...
...enter an order prospectively changing the support obligations established in an administrative support order, in which case the administrative support order is superseded and the court's order shall govern future proceedings in the case . . . . *117 §
409.2563(10)(c), Fla. Stat. (emphasis added). The portions of section
409.2563 relied upon by the Department each refer to superseding orders by the circuit court. §
409.2563(11) & (12), Fla. Stat. In Dept. of Revenue ex rel. Chamberlain v. Manasala,
982 So.2d 1257, 1259 (Fla. 1st DCA 2008), this District Court of Appeal recognized that when read together, sections
120.68(2) and
409.2563(10), Florida Statutes "authorize the circuit court to supersede the entry of an administrative support order by entering only a prospective order modifying the child support award." The order on appeal in this case is exactly thata prospec...
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2014 Fla. App. LEXIS 14229, 2014 WL 4476518
... a supplemental petition for modification in that administrative case. Because the circuit
court possessed jurisdiction and should have considered the Department's motion to
establish ongoing and retroactive child support obligations, we reverse for further
proceedings under section 409.2563(10)(c), Florida Statutes (2012).
In 2010, the father filed a petition to determine paternity and for related
relief in the circuit court after the parties' two children, who had been residing with the
mother, began residing with the father....
... terminated, and the circuit court had jurisdiction to order child support. The motion to
vacate was denied after a hearing.
The issue raised on appeal involves a question of law, which we review de
novo. Bakerman v. Bombay Co.,
961 So. 2d 259, 261 (Fla. 2007). Section
409.2563
provides an administrative "procedure for establishing child support obligations in Title
IV-D cases in a fair and expeditious manner when there is no court order of support."
§
409.2563(2)(a). "An administrative support order rendered under [section
409.2563]
has the same force and effect as a court order and remains in effect until modified by
the [D]epartment, vacated on appeal, or superseded by a subsequent court order."
§
409.2563(11). However, "[i]t is not the Legislature's intent to limit the jurisdiction of
the circuit courts to hear and determine issues regarding child support,"
§
409.2563(2)(a), and "[c]hild support obligations may also be determined by the circuit
court," Dep't of Revenue ex rel. Gauthier v. Hoover,
40 So. 3d 99, 101 (Fla. 5th DCA
2010) (citing §
409.2563(2)(a)).
It is well established that a circuit court lacks jurisdiction to vacate or
retroactively affect an administrative child support order entered pursuant to section
409.2563 administrative proceedings....
...5th DCA 2008). However, a circuit court
does have the power to issue a superseding order changing support obligations
prospectively. Hoover,
40 So. 3d at 102; Manasala,
982 So. 2d at 1259. Authority for
this modification by a circuit court is found in section
409.2563(10)(c), which states:
A circuit court of this state, where venue is proper and the
court has jurisdiction of the parties, may enter an order
-3-
...
...unpaid support owed under the administrative support order
and shall include the amount as arrearage in its superseding
order.
See Dep't of Revenue ex rel. Proveaue v. Williams,
74 So. 3d 115, 116 (Fla. 1st DCA
2011) ("The provisions of section
409.2563 provide for a circuit court's prospective
modification of child support payments originally established by administrative support
order.").
In the case on appeal, the Department's motion did not seek to
retroactivel...
...-4-
father owed for support did not terminate pursuant to the terms of the administrative
order, in the case of a superseded administrative order, any past-due support obligation
will not be retroactively modified and will remain enforceable. See §
409.2563(10)(c).
Thus, though a prior administrative support order remains in effect pertaining to the
arrearage amount the father owes, see §
409.2563(11), the circuit court had the
authority to enter a subsequent court order establishing the mother's child support
obligations, see §
409.2563(10)(c); Williams,
74 So. 3d at 116.
Because the relief requested by the Department falls within the circuit
court's authority as provided in section
409.2563, the circuit court possessed jurisdiction
to consider the Department's motion and should have treated the same as filed
pursuant to section
409.2563(10)(c)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 17222, 2011 WL 5120193
...Bobby Brian Phillips appeals a Final Administrative Order Reinstating Support Obligations entered by the Department of Revenue on January 27, 2011. The Department of Revenue professionally and correctly concedes that the order was entered without notice to Phillips as required by section 409.2563, Florida Statutes (2010)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2012 Fla. App. LEXIS 19541, 2012 WL 5458066
...ng in Florida.”). Once Cessford received notice of the second intercept, he again contacted DOR to object and again was not afforded any opportunity for an administrative remedy. Accordingly, Baker is inapplicable to the instant case. Furthermore, section 409.2563, Florida Statutes (2010), establishes the administrative procedure by which DOR may assist custodial parents in obtaining child support from noncustodial parents in what is referred to as Title IV-D cases. Throughout this section, the respondent parent is given the right to seek the circuit court’s jurisdiction in either the establishment of the support order or in the review of an administratively determined order. See § 409.2563(2)(f), (4)(m)(1), (10)(a). Once a support order is administratively entered, the trial court has the jurisdiction, upon request of a party, to modify that order. See § 409.2563(10)(c)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 17002, 2010 WL 4366201
...We grant the petition for writ of certiorari and quash the order compelling appearance for genetic testing, because the administrative law judge did not have jurisdiction to order genetic testing to determine paternity in the child-support proceeding *1194 under section 409.2563, Florida Statutes (2009)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 18019, 2010 WL 4740291
...epartment against appellee, Bryant Wardlaw. The circuit court vacated the order upon its finding that the order was entered without proper notice and was thus void. Jurisdiction to judicially review administrative support orders rendered pursuant to section 409.2563, Florida Statutes (2009), lies with the district courts of appeal....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 17143, 2010 WL 4483712
...The Department of Revenue (DOR) appeals a final order entered by an Administrative Law Judge (ALJ), contending that neither the ALJ nor the Division of Administrative Hearings (DOAH) had subject matter jurisdiction to require the mother on whose behalf DOR had initiated a proceeding under section 409.2563, Florida *918 Statutes (2009), to pay child support, where DOR had not referred that question for adjudication and, indeed, lacked any authority to order support payments from a parent for whom it was acting, a parent who is, after all, statutorily denominated "the parent from whom support is not being sought." § 409.2563(4), Fla....
...s provided in s.
409.256, or award of or change of time-sharing. This paragraph notwithstanding, [DOR] and [DOAH] may make findings of fact that are necessary for a proper determination of a parent's support obligation as authorized by this section. §
409.2563(2), Fla. Stat. (2009). Section
409.2563, Florida Statutes, lays out the procedure DOR must follow to establish child support obligations administratively....
...[4] DOR complied with the statutory mandate to "provide to the parent from whom support is not being sought and serve the parent from whom support is being sought with a notice of proceeding to establish administrative support order and a blank financial affidavit form." §
409.2563(4), Fla. Stat. (2009). DOR then calculated Mr. Selles's "child support obligation under the child support guidelines schedule as provided by s.
61.30, based on any timely financial affidavits received and other information available to the department." §
409.2563(5)(a), Fla....
...Again in conformity with statutory directives, DOR sent "to both parents ... copies of the proposed administrative support order, its completed child support worksheet, and any financial affidavits submitted by a parent or prepared by the department." § 409.2563(5)(b), Fla....
...DOR's Proposed Order of Paternity and Administrative Support proposed requiring Mr. Selles to pay child support in the amount of $357.60 each month. As it had to, the proposed support order included a notice of rights, including the right to a hearing, for "the parent from whom support is being sought." § 409.2563(5)(c), Fla....
...(2009). When Mr. Selles requested a hearing, DOR forwarded his request to DOAH, which assigned the case to an administrative law judge who set the matter for hearing on January 26, 2010, to determine the issue "[a]s set forth in the proposed order." See § 409.2563(6), Fla....
...(2009) ("If the parent from whom support is being sought files a timely request for hearing, [DOR] shall refer the hearing request to [DOAH]."). In this way, the ALJ acquired final order authority to "issue an administrative support order, or a final order denying an administrative support order." § 409.2563(7)(a), Fla....
...On the present appeal, DOR contends that the ALJ lacked jurisdiction to require any payment of Ms. Smith, the child's mother, or to order any payments to Ms. Phillips, the child's grandmother. We agree with DOR's first contention, but not with the second. Section 409.2563 differentiates between "the parent from whom support is being sought" and "the parent from whom support is not being sought." The statute requires DOR to calculate the child support obligation only of "the parent from whom support is...
...hority on DOR to litigate or on DOAH to adjudicate any other potential obligor's rights. The statute contemplates only one parent's support obligation's being determined in the hearing at DOAHthat of "the parent from whom support is being sought." § 409.2563(4), Fla....
..."This Court must interpret statutes by the well-established norms of statutory construction which require rendering the statutory provisions meaningful." Crutcher v. Sch. Bd. of Broward County,
834 So.2d 228, 232 (Fla. 1st DCA 2002). Within the meaning of section
409.2563, Ms....
...But the same and similar principles of statutory construction require rejection of DOR's second contention on appeal, viz., that the ALJ lacked statutory authority to direct that the child support payments for which Mr. Selles was obligated be paid to Ms. Phillips for the child's benefit, not to Ms. Smith. Under section 409.2563(2)(c), DOR initiated the administrative proceedings below on behalf of the child's mother, not the child's grandmother, so DOR can be said to have been proceeding on behalf of Ms....
...The Proposed Order of Paternity and Administrative Support Mr. Selles originally received advised him that he "or the custodial parent may file a civil action in an appropriate circuit court at any time to determine your support obligations, if any." Section 409.2563(2)(d), Florida Statutes (2009), provides: "Either parent, or a caretaker relative if applicable, may at any time file a civil action in a circuit court having jurisdiction and proper venue to determine parental support obligations, if any....
...A former recipient of public assistance, as provided by s.
409.2569; 3. An individual who has applied for services as provided by s.
409.2567; 4. Itself or the child, as provided by s.
409.2561; or 5. A state or local government of another state, as provided by chapter 88. §
409.2563(2)(c), Fla....
...d of living, and the financial status and ability of each parent. §
61.30(1)(a), Fla. Stat. (2009). "[T]he department may establish a parent's child support obligation pursuant to this section, s.
61.30, and other relevant provisions of state law." §
409.2563(2)(c), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 3452, 2012 WL 695639
...Myles, pro se, Appellant. Pamela Jo Bondi, Attorney General and Toni C. Bernstein, Senior Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Wayne E. Myles appeals the final administrative support order in child support proceedings under section 409.2563, Florida Statutes....
...There is no finding that Myles is voluntarily unemployed, as that term is used in section
61.30(2)(b), Florida Statutes and there is no finding that either parent failed to file a financial affidavit or that there was a lack of sufficient reliable information concerning Mr. Myles' actual *1136 earnings. §
409.2563(5)(a), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2008 Fla. App. LEXIS 8098, 2008 WL 2228828
WOLF, J. The Department of Revenue (Department) appeals a circuit court’s order vacating the Department’s administrative child support order. Section 409.2563, Florida Statutes (2006), permits the Department to seek a child support award from a noncustodial parent when the State of Florida provides certain welfare services to the custodial parent....
...for a hearing or waive this right, thus allowing the Department to enter an order establishing a child support award, or (2) object to the Department’s handling of the child support issue and request the matter be taken up by the circuit court. §§ 409.2563(4)(h) & (m)4., Fla....
...In response to this request, the Department filed a petition in the circuit court. Upon receipt of that petition, ap-pellee had 10 days to file a waiver of service ensuring the Department dismissed the administrative proceeding in favor of the circuit court’s jurisdiction. § 409.2563(4)(m)(4), Fla....
...At the conclusion of the hearing, the trial court entered an Order Vacating and Setting Aside “Final Administrative Support Order” on principles of equity. The Department timely appeals this order asserting the trial court was without jurisdiction to vacate the administrative order. Section 409.2563(10)(a), Florida Statutes (2006), provides in pertinent part: A noncustodial parent has the right to seek judicial review of an administrative support order or a final order denying an administrative support order in accordance with s....
...days after the rendition of the order being appealed. If the appeal is of an order rendered in a proceeding initiated under s.
120.56, the agency whose rule is being challenged shall transmit a copy of the notice of appeal to the committee. Further, section
409.2563(10)(c), Florida Statutes (2006), provides the following: A circuit court of this state, where venue is proper and the court has jurisdiction of the parties, may enter an order prospectively changing the support obligations establishe...
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 25, 2010 WL 22694
...Because the award in the final order is supported by competent, substantial evidence, we affirm. See §
120.68(10), Fla. Stat. (2008). Our affirmance is without prejudice to permit Miley to request a modification of the final order subject to the requirements established in Florida Statutes Chapters 61 and 409. See §
409.2563(12), Fla....
...3d DCA 2009) (noting that Macias could not seek modification of a final administrative support order on appeal "by presenting facts that were not initially presented to the administrative law judge"). Alternatively, Miley may seek a superseding order from the circuit court. See § 409.2563(10)(c), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 19997, 2011 WL 6224503
...ative law judge departed from the essential requirements of law in ordering the testing. As the Department correctly contends, the administrative law judge lacked jurisdiction to order the testing in this child support proceeding brought pursuant to section 409.2563, Florida Statutes. See § 409.2563(2)(b), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2016 WL 1688579, 2016 Fla. App. LEXIS 6426
...s child support obligation. We
vacate the order and remand.
A noncustodial parent’s child support obligation is calculated based on
the financial affidavits submitted by the parties along with any other
information available to the Department. § 409.2563(5)(a), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2014 WL 1666009, 2014 Fla. App. LEXIS 6140
...Davis to pay $383 in costs and fees within one year. The final judgment at issue ordered Mr. Davis to pay $350 per month, together with applicable service fees. The order in the final judgment appears to supersede the March 1 order. While the circuit court is permitted to modify child support, see § 409.2563(10)(c), Fla....
CopyPublished | Florida 4th District Court of Appeal
...costs in calculating child support. The Department maintains that it
“should have issued an Amended Proposed Order, with accompanying
amended child support guideline worksheets, factoring the health
insurance costs into the child support guidelines,” consistent with section
409.2563(5)(d), Florida Statutes (2021).
Per the Department’s confession of error, the final support order is
reversed and remanded for the issuance of an amended proposed
administrative support order. Should Appellant disagree with the
proposed order, Appellant may thereafter request an administrative
hearing or contact the Department for an informal discussion. See §
409.2563(5)(c), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2012 WL 3826632, 2012 Fla. App. LEXIS 14854
...case to the Department for further administrative proceedings. On June 30, 2011, the Department accepted the mother’s application for an ad *1100 ministrative support order and commenced an administrative proceeding against the father pursuant to section 409.2563, Florida Statutes. Both parents submitted financial affidavit forms to the Department. See § 409.2563(13), Fla....
...t the father was involuntarily unemployed with no net monthly income. Based on that determination, the father’s child support obligation calculated under the child support guidelines was $0 per month. Therefore, no support was ordered. Pursuant to section
409.2563(5)(a), Florida Statutes, the Department is required to “calculate [a] parent’s child support obligation under the child support guidelines schedule as provided by s[ection]
61.30, based on any timely financial affidavits received and other information available to the department.” §
409.2563(5)(a)....
...eliable information concerning the father’s actual current income than it did concerning the mother’s income. Therefore, we find that the Department’s failure to impute income based on the federal minimum wage to the father was in violation of section 409.2563(5)(a), Florida Statutes....
...On remand, the Department can either impute an earning capacity equal to the federal minimum wage to both parents, or alternatively, the Department can refer the proceedings to the Division of Administrative Hearings to determine if either parent is voluntarily unemployed. See § 409.2563(6) (“If ......
CopyPublished | Florida 4th District Court of Appeal
...Bernstein,
Senior Assistant Attorney General, Child Support Enforcement,
Tallahassee, for appellee.
CONFESSION OF ERROR
PER CURIAM.
Teddy Joseph challenges the Department of Revenue’s administrative
support order entered in a proceeding under section 409.2563, Florida
Statutes (2018)....
...his previous address in Hialeah despite having his current address in
Homestead on file. The proposed order listed Joseph’s monthly child
support obligation amounts and indicated that if he disagreed with the
listed amounts, he should request a hearing. See § 409.2563(5). The order
further indicated that it would become final if Joseph failed to request a
hearing or otherwise respond. See § 409.2563(7)....
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 13989, 2015 WL 5512955
...trial court is without subject matter jurisdiction over the motion [for sanctions]”). The ALJ correctly determined that a motion for rehearing is not authorized in the context of the administrative establishment of child support obligations under section 409.2563, Florida Statutes....
CopyPublished | Florida 3rd District Court of Appeal
authorized to enter the final order. See §
409.2563(7)(b)–(c), Fla. Stat. (2023). Finding that the
CopyPublished | Florida 3rd District Court of Appeal
BOKOR, JJ. PER CURIAM. Affirmed. See §
409.2563(2)(e), Fla. Stat. (2024) (“This section does
CopyPublished | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 13760
...ild support from noncustodial parents by the Department of Revenue.' In certain cases involving the administrative establishment of child support, the chapter even permits thé imputation of income in an amount equal to the federal minimum wage. See § 409.2563(5), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 15026, 2016 WL 5874428
...entered a final support order against Mr. Johnson a couple of months later.
II.
This case turns on a question of law and whether service of a copy of a circuit
court petition is accomplished at the time it is mailed for purposes of § 409.2563,
Florida Statutes, even if it is not physically received by DOR until after the 20-day
period for service has run....
...roceeding if the
parent from whom support is sought files a petition to have the matter heard in circuit
court and “serves [DOR] with a copy of the petition within 20 days after being served
notice [of the administrative support proceeding].” § 409.2563(4)(n), Fla....
...It said its
administrative proceeding against Mr. Johnson would end if he files a civil action to
determine support obligations in circuit court “within 20 days after you were served
with this notice . . . and serve us with a copy of the petition.”
Section 409.2563, defines the term “filed” for purposes of the statute, but does
not detail how to “serve” DOR with a copy of the petition....
...r. Johnson were
formally serving an initial pleading on a party defendant in the circuit court case.
DOR was not a party to the circuit court case. And, in this case, the notice to DOR
3
contemplated by § 409.2563(4)(n) is governed by Rule of Judicial Administration
2.516, which addresses how almost “every other document,” except an initial
pleading, must be served....
...orney. Instead, the notice required
Mr. Johnson to serve DOR at a physical mailing address: “If you file a petition, you
must serve us at: [an office address in Tallahassee].” In this case, Mr. Johnson
complied with the service requirement in § 409.2563(4)(n), by mailing a copy of his
petition to DOR on the 19th day. At that point, according to § 409.2563(4)(n) and
DOR’s notice, the administrative support proceeding should have ended....
CopyPublished | Florida 4th District Court of Appeal
...The Department therefore entered a Final Administrative
Paternity and Support Order, requiring Appellant to pay $856.20 in total
monthly child support. It is from this order that Appellant now seeks our
review.
The findings of a final administrative support order under section
409.2563, Florida Statutes, may not be challenged on appeal following the
failure of an appellant to fully participate in the proceedings below....
...Support Order is not necessarily the “end of the road” for Appellant. As
we noted in Brookshire v. Department of Revenue, Child Support
Enforcement,
288 So. 3d 709 (Fla. 4th DCA 2020), Appellant “may seek a
modification of the final administrative support order as set forth in
section
409.2563(12), Florida Statutes, or he may seek a superseding
order in the circuit court pursuant to section
409.2563(10)(c), Florida
Statutes.” Id. at 710. We therefore affirm without prejudice for Appellant
to seek relief as outlined in section
409.2563, Florida Statutes (2019).
Affirmed.
CIKLIN and KUNTZ, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehearing.
of his child support obligation, Ap...
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 15630, 2015 WL 6161321
...nistrative Support
Order rendered by the Department of Revenue. Because appellant failed
to timely opt out of the administrative process, the Department of Revenue
correctly rendered the Final Administrative Support Order and Income
Deduction Order. Section 409.2563(2)(f), Florida Statutes (2013), requires
that a written request to opt out of the administrative process be filed
within 20 days of receipt of the initial notice of proceedings to establish an
administrative support order....
CopyPublished | Florida 3rd District Court of Appeal
...ding.
5
administrative action, this Court reviews the agency’s findings of fact to determine
whether they are supported by competent, substantial evidence in the record.”).
III. ANALYSIS
Section 409.2563, Florida Statutes (2016), governs the Department’s
administrative establishment of a child support obligation....
...When a parent from
whom support is being sought files a timely request for a hearing contesting the
Department’s proposed administrative support order, as the father did here, the
case is transferred to the DOAH in order for it to conduct further proceedings. See
§§
409.2563(5)(c), (6), Fla. Stat. (2016). If a hearing is held, section
409.2563(6)
mandates that an ALJ “shall consider all available and admissible information.”
Additionally, any administrative support order must comply with section
61.30, Florida Statutes. See §
409.2563(7)(e), Fla....
...See Dep’t of Revenue v.
6
Reyes,
181 So. 3d 1270, 1273-74 (Fla. 1st DCA 2015) (holding that ALJ was
required to consider all available and admissible information in determining child
support obligation under section
409.2563 and was not limited to amounts set forth
in Department’s proposed order); see also Dep’t of Revenue v....
...Upon proper application by either party and sufficient evidentiary support, the
circuit court has the authority to enter a superseding order prospectively changing
support obligations set forth in the ALJ’s Final Administrative Support Order. See
§
409.2563(10)(c); Dep’t of Revenue v. Secor,
146 So. 3d 1250, 1252 (Fla. 2d
DCA 2014) (stating that while it is well established that a circuit court lacks
jurisdiction to retroactively affect an administrative support order entered pursuant
to section
409.2563, a circuit court has the power to issue a superseding order
changing support obligations prospectively under section
409.2563(10)(c));
Sanford v....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 16646
...ation through administrative proceedings despite appellant’s claims that he was not the biological father. Specifically, appellant argues (I) the Department erred in failing to engage in informal discussions about his paternity dispute pursuant to section 409.2563(5)(c)5, Florida Statutes (2015); (II) the Department erred in failing to amend its proposed administrative support order when appellant provided the Department with new information that a DNA test concluded he was not the biological...
...The Department also issued an income deduction order that required appellant’s employer to deduct appellant’s child support obligation from his pay. I, Informal Discussions Appellant argues the Department erred in failing to engage in informal discussions regarding his paternity dispute. Section 409.2563(5)(c)5, Florida Statutes (2015), states that within ten days after the Department issues a proposed administrative support order, a parent may “contact a department representative ......
...tment to “immediately close this file” and to “contact me ... to resolve this matter.” Counsel argues this letter constituted a request for informal discussions; however, the Department failed to engage in informal discussions as required by section 409.2563(5)(c)5 and instead issued the final administrative support order. The Department agrees that section 409.2563(5)(c)5 requires it to enter into informal discussions regarding a proposed support order; however, it argues that this Section does not require it to informally discuss paternity, which is an issue that was not determined by the support order and lies outside of the Department’s jurisdiction. The Department is correct. Section 409.2563(2)(b), Florida Statutes (2015), which governs administrative proceedings by the Department to establish child support, states that “[t]his section does hot grant jurisdiction to the department or the Division of Administrative Hearings to hear or determine issues of ......
...llenge to his paternity, and that any challenge to his paternity must have been filed in circuit court. It is unclear what else appellant’s counsel believes the Department could have said during informal discussions. The Department did not violate section 409.2563(5)(c)5 by failing to informally discuss a matter over which it had already informed appellant that it lacked jurisdiction to consider....
...DNA Test Results Appellant argues the Department erred in failing to amend its proposed administrative support order after appellant responded by giving the Department “new” information that a DNA test determined that appellant was not the father. Section 409.2563(5)(d), Florida Statutes (2015), states that after the Department submits a proposed administrative support order, if “the department receives additional information that makes it necessary to amend the proposed administrative suppo...
...the income deduction order. Second, appellant’s counsel has similarly failed to provide any authority to support her argument that a final administrative support order must specify the information relied on by the Department in calculating income. Section 409.2563(5)(a) states that “[i]f either parent fails to comply with the requirement to furnish a financial affidavit, the department may proceed on the basis of information available from any source, if such information is sufficiently reliable and detailed to allow calculation of guideline schedule amounts under s....
CopyPublished | Florida 4th District Court of Appeal
...Vandepol, Lake Park, pro se.
Ashley Moody, Attorney General, and Toni C. Bernstein, Senior
Assistant Attorney General, Child Support Enforcement, Tallahassee, for
appellee.
PER CURIAM.
Affirmed without prejudice for appellant to seek relief as outlined in
section 409.2563, Florida Statutes (2019).
CIKLIN, FORST and KUNTZ, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehearing.
CopyPublished | Florida 3rd District Court of Appeal
...No appearance, for appellees.
Before EMAS, SCALES, and MILLER, JJ.
MILLER, J.
Appellant, the State of Florida, challenges a circuit court order
quashing a final administrative support order rendered by the Florida
Department of Revenue pursuant to section 409.2563, Florida Statutes
(2023)....
...The administrative order obligated the father to pay monthly child
support to the mother for the benefit of their three children. It is axiomatic
that the circuit court is authorized to prospectively modify child support
administrative child support obligations. § 409.2563(10)(c), Fla....
...It is
equally well-settled, however, that the “circuit court lacks jurisdiction to
vacate or retroactively affect an administrative child support order.” Dep’t of
Revenue ex rel. Lienhart v. Secor,
146 So. 3d 1250, 1252 (Fla. 2d DCA
2014); see also §
409.2563(10)(c), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...orted by the evidence
or an alternative theory.”). We agree with the point made by the Department
in its answer brief, and thus our affirmance is without prejudice to Appellant
seeking a modification of the order from the Department pursuant to section
409.2563(12) or from the circuit court pursuant to section 409.2563(10) of
the Florida Statutes (2024).
Affirmed.
2
CopyPublished | Florida 1st District Court of Appeal
...As DOR never prepared or filed a proposed order on its intended action
to deny modification, the Division of Administrative Hearings' subject
matter jurisdiction was not properly invoked by filing the requisite
pleadings and notices as required by section 409.2563, Florida Statutes.
Therefore, in accordance with the decision rendered by the First District
Court of Appeal in [Department of Revenue v. Dove], this case is
Remanded back to DOR with directions to begin modification
proceedings under section 409.2563.
DOR contends that the ALJ misinterpreted Dove, and that without an order
including findings to support modification of the support order, DOR lacks a good-
2
faith basis on which t...
...We agree.
As in Dove, the ALJ conflated the purpose of a hearing held after DOR
determines that no modification action is warranted after conducting a review pursuant
to section
409.2564(11)(a), with the purpose of a hearing held pursuant to section
409.2563(5)(c) after DOR submits a proposed modified support order....
...support order as opposed to an order instructing DOR to commence modification
proceedings based on the ALJ’s findings. This was error because an ALJ lacks
3
subject-matter jurisdiction to issue a modified support order pursuant to section
409.2563(12) unless the pleadings required by sections 409.2563(4) and (5) have been
filed, including a proposed modified support order.
Here, the ALJ read Dove too broadly, and found that not only did he lack
subject-matter jurisdiction to render a modified support order because a proposed
mod...
CopyPublished | Florida 6th District Court of Appeal
...Affirmed. Appellant was properly served but did not participate in the
proceedings below. The case is affirmed without prejudice to any rights Appellant
may have to seek an administrative modification of the final order as set forth in Fla.
Stat. section 409.2563(12) or to file an action to obtain a superseding order in the
circuit court pursuant to section 409.2563(10)(c) or 409.2563(2)(h)....
CopyPublished | Florida 2nd District Court of Appeal | 2016 WL 2609524, 2016 Fla. App. LEXIS 6986
...Pollack of Hunter Law, P.A.,
Tampa, for Appellant.
Pamela Jo Bondi, Attorney General, and
Toni C. Bernstein, Senior Assistant
Attorney General, Tallahassee, for
Appellee.
KHOUZAM, Judge.
Kerry Edson Harris, the father, appeals the final administrative support
order entered after a hearing. See § 409.2563, Fla....
CopyPublished | Florida 1st District Court of Appeal
...etroactive to
April 1, 2014, which was the approximate date upon which he was served with
modification pleadings. The Department argued that such modifications, whether
done by a circuit judge or an administrative court, are governed by sections
409.2563 and
61.14, Florida Statutes, which—when read together—contemplate
such awards....
...Based on our analysis, the most natural reading of
the entire statutory framework is that the Legislature intended that ALJs have the
same degree of authority that circuit judges have when retroactively modifying
their own support orders.
We turn first to section 409.2563, entitled “Administrative establishment of
child support obligations,” which establishes the basis for the administrative
determination of child support obligations, which previously had been the province
of the circuit courts...
...3
the circuit courts to hear and determine issues regarding child support,” id. § (2)(a),
as section
409.256 gives the Department concurrent jurisdiction with the circuit
courts to determine paternity-related child support orders. Instead, section
409.2563 “is intended to provide the department with an alternative procedure for
establishing child support obligations ....
...in a fair and expeditious manner when
there is no court order of support.” Id. By establishing this administrative process,
ALJs are empowered to “make findings of fact that are necessary for a proper
determination of a parent’s support obligation as authorized by this section.” Id.
§ 409.2563(2)(b)....
...The
parent’s obligation determined by the department may include any
obligation to pay retroactive support and any obligation to provide for
health care for a child, whether through insurance coverage,
reimbursement of expenses, or both.
Id. §
409.2563(2)(c) (emphasis added). “Retroactive support” is defined as “a child
support obligation established pursuant to s.
61.30(17).” Id. §
409.2563(1)(g)....
...behalf of a child under 18 years old who has an absent parent.
4
which may include provisions for monetary support, retroactive support, health
care, and other elements of support pursuant to chapter 61.” Id. § 409.2563(1)(a)
(emphasis added); see also id. § 409.2563(7)(e)(5) (administrative support order
“must comply with ss....
...and the one presented
here—is whether an administrative modification of such an order may be
retroactive to the date of the service of the modification request. At this juncture,
we run squarely into potentially conflicting language in sections
409.2563 and
61.14. Section
409.2563(12) states:
(12) Modification of administrative support order.--If it has not been
superseded by a subsequent court order, the department may modify,
suspend, or terminate an administrative support order in a Title IV...
...case prospectively, subject to the requirements for modifications of
judicial support orders established in chapters 61 and 409, by following
the same procedures set forth in this section for establishing an
administrative support order, as applicable.
§ 409.2563(12), Fla....
...ntal action for modification
as equity requires, giving due regard to the changed circumstances or
the financial ability of the parties or the child.
§
61.14(1)(a), Fla. Stat. (emphasis added). The highlighted language—if imputed
into section
409.2563(12) as that section seems to suggest—allows administrative
modification of an administrative support order “retroactively to the date of the
filing of the action or supplemental action for modification.” In other words, an
a...
...In cases
like the present one, subsection
61.14(1)(a) allows modifications to potentially
extend back further in time than section
61.30(11)(c) would permit.
6
same way that a judicial court can.
But for the word “prospectively” in subsection
409.2563(12), the two
statutory frameworks—61.14(1)(a) and
409.2563(12)—would dovetail in a
seamless and unified way....
...alternative to the judicial forum, presumably as a more accessible and cost-
efficient intermediary, unless a civil action is instituted in a circuit court, whose
subsequent support order “prospectively supersedes an administrative support
order rendered by the department.” Id. § 409.2563(2)(d) (emphasis added)....
...Absent
circuit court intervention, an “administrative support order rendered under this
section has the same force and effect as a court order and may be enforced by any
circuit court in the same manner as a support order issued by the court, except for
contempt.” Id. § 409.2563(10)(b)....
...available to intervene when deemed warranted by parents, caregivers, or necessary
parties.3
3
A parent or caregiver “may at any time file a civil action in a circuit court having
7
Unlike section
61.14, as previously discussed, section
409.2563(10)(c) says
that circuit courts are without authority to retroactively modify administrative
support orders, allowing a circuit court to only “enter an order prospectively
changing the support obligations established in an administrative support order, in
which case the administrative support order is superseded and the court’s order
shall govern future proceedings in the case.” Id. §
409.2563(10)(c) (emphasis
added)....
...Lienhar v. Secor,
146 So. 3d 1250, 1252
jurisdiction and proper venue to determine parental support obligations, if any. A
support order issued by a circuit court prospectively supersedes an administrative
support order rendered by the department.” Id. §
409.2563(2)(d).
8
(Fla. 2d DCA 2014) (“It is well established that a circuit court lacks jurisdiction to
vacate or retroactively affect an administrative child support order entered pursuant
to section
409.2563 administrative proceedings....
...e support
orders, and in light of the Department’s authority to administratively establish and
modify child support obligations as an alternative to proceedings in circuit court, it
seems incongruous to interpret the word “prospectively” in section 409.2563(12)
as totally nullifying any administrative modification of administrative support
orders....
...“prospectively” was meant to make it impossible for any tribunal to make
retroactive modifications to administrative support orders.
In construing the statute as we do, we necessarily decline to accept the
argument that the term, “as applicable,” referenced in section
409.2563(12), was
meant to limit section
61.14(1)(a)’s grant of authority to retroactively modify
support obligations....
...We agree with the Department’s position that this phrase must
be read as referring to the immediately preceding words, “by following the same
procedures set forth in this section for establishing an administrative support
10
order.” § 409.2563(12); see City of St....
CopyPublished | Florida 5th District Court of Appeal
...es (TANF) federal welfare block
grant to provide assistance to custodial parents, whether the parent is receiving TANF
assistance or not, in obtaining and enforcing child support orders against noncustodial
parents. 42 U.S.C. §§ 651-669 (2017); § 409.2563(1)(f), Fla....
...concerning determination of paternity, and establishment, modification, and enforcement
of support obligations").
Indeed, all the Department was seeking here was an order from the circuit court
enforcing the administrative support order. See § 409.2563(10)(b), Fla....
CopyPublished | Florida 4th District Court of Appeal
...Ashley Moody, Attorney General, Tallahassee, and Douglas D.
Sunshine, Assistant Attorney General, Child Support Enforcement,
Tallahassee, for appellee Department of Revenue.
PER CURIAM.
We affirm the final support order without prejudice for appellant to seek
relief under section 409.2563, Florida Statutes (2020).
Affirmed.
GROSS, GERBER and KLINGENSMITH, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehearing.
CopyPublished | Florida 1st District Court of Appeal
...ues that the Final
Administrative Support Modification Order entered by the administrative law judge
was in error because the subject matter jurisdiction of the Division of Administrative
Hearings (“DOAH”) was not properly invoked pursuant to section 409.2563, Florida
Statutes....
...1st DCA
Apr. 15, 2015); Dep’t of Revenue v. Dove,
152 So. 3d 1278 (Fla. 1st DCA 2015).
The order on appeal is vacated, and the case is remanded to DOAH with instructions
to enter an order directing the Department to begin modification proceedings under
section
409.2563.
VACATED and REMANDED with instructions.
LEWIS, C.J, RAY and KELSEY, JJ., CONCUR.
2
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 7751, 2015 WL 2436726
...Cottrell,
160 So.3d 953 (Fla. 1st DCA 2015); Dep’t of Revenue v. Dove,
152 So.3d 1278 (Fla. 1st DCA 2015). The order on appeal is vacated, and the case is remanded to DOAH with instructions to enter an order directing the Department to begin modification proceedings under section
409.2563....
CopyPublished | Florida 1st District Court of Appeal
...Because there was no court order
of support in effect, and Appellee had not timely opted out of the administrative
proceeding, DOAH had concurrent jurisdiction to establish Appellee’s child support
obligation and a support order should have been entered. See § 409.2563(2)(a), (c),
Fla....
CopyPublished | Florida 1st District Court of Appeal | 2013 WL 1923791, 2013 Fla. App. LEXIS 7562
CLARK, J. The Department of Revenue (DOR) appeals the final agency action setting the child support obligations of the father in this administrative support proceeding under section 409.2563, Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal
PER CURIAM. The July 2, 2015 final administrative support order is affirmed without prejudice to appellant to file a civil action to *1114 determine support obligations pursuant to section 409.2563(4)(i), Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 3638
...Bernstein, Senior
Assistant Attorney General, Tallahassee, for appellee.
PER CURIAM.
The July 2, 2015 final administrative support order is affirmed
without prejudice to appellant to file a civil action to determine support
obligations pursuant to section 409.2563(4)(l), Florida Statutes.
Affirmed.
CIKLIN, C.J., GERBER and LEVINE, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehearing.
CopyPublished | Florida 3rd District Court of Appeal | 2013 WL 1136446, 2013 Fla. App. LEXIS 4433
...he father acknowledged in his motion that a Final Administrative Support Order issued and that it provided that paternity had already been established by affidavit or voluntary acknowledgment. The father further argued in his motion to transfer that section 409.2563, Florida Statutes (2012), does not confer jurisdiction upon the Division of Administrative Hearings to hear or determine issues of time sharing, such as the issue the mother raised in her petition. Section 409.2563 merely provides that a parent may at any time file an action in a circuit that has jurisdiction and proper venue....
...creasing, increasing, or confirming the amount of separate support, maintenance, or alimony provided for in the agreement or order, (emphasis added). Miami-Dade County is the forum within which the court entered the original child support order. See § 409.2563(9)(d), Fla. Stat. (2012) (stating administrative support order has same force and effect as a court order). Thus, Miami-Dade County is a proper venue for the mother’s child support modification action. Miami-Dade County is also a proper venue pursuant to section 409.2563(10)(c), Florida Statutes (2012)....
CopyPublished | Florida 3rd District Court of Appeal
...James Uthmeier, Attorney General, and Toni C. Bernstein, Senior
Assistant Attorney General (Tallahassee), for appellee State of Florida
Department of Revenue.
Before LOGUE, C.J., and GORDO and LOBREE, JJ.
PER CURIAM.
Affirmed. See § 409.2563(7)(b), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 3521, 2005 WL 597055
...Mendez timely requested a hearing after which he was ordered by the administrative law judge to pay support for all three children. Neither the DOR nor the Division of Administrative Hearings has jurisdiction to hear or determine issues of disputed paternity. § 409.2563(2)(b), Fla. Stat. (2004). Furthermore, section 409.2563(2)© provides in pertinent part: “The department shall terminate the administrative proceeding and file an action in circuit court to determine support if within 20 days after receipt of the initial notice the noncustodial parent r...
...ing a paternity determination which the administrative court could not provide. Therefore, upon receipt of Mendez’s timely request, the DOR was obligated to terminate the administrative proceeding and proceed with this action in circuit court. See § 409.2563(2)(f)....
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 2053297, 2012 Fla. App. LEXIS 9184
...extent possible, including the establishment of paternity or support obligations. §
409.2557(2), Fla. Stat. Child support orders may be obtained through an action in circuit court, or through an administrative procedure initiated by the Department. §
409.2563(2), Fla....
...Stat.; see also Dep’t of Revenue ex rel. Smith v. Selles,
47 So.3d 916, 918 (Fla. 1st DCA 2010). In cases where the Department seeks to establish a support order through the administrative procedure, the obligor parent may challenge the order by requesting a hearing before DOAH. §
409.2563(6), Fla. Stat. Once the Department initiates the process to administratively establish paternity and child support obligations, the statute requires each parent to furnish a financial affidavit. §
409.2563(13)(a), Fla. Stat. In contrast, caregivers are not required to provide a financial affidavit. §
409.2563(13)(a), Fla....
...The statute requires that the Department use the parent’s affidavits, along with other information available to the Department, when calculating the child support obligation owed by the parent from whom support is sought under the section
61.30 child support guidelines. §
409.2563(5)(a), Fla....
...(referencing the “public necessity for ensuring that dependent children be maintained from the resources of their parents”). Further, chapter 409 contains multiple references to the parent’s — not caregiver’s — financial affidavits in connection with the establishment of a child support obligation. See, e.g., § 409.2563(4)(c), Fla. Stat.; § 409.2563(4)(g), Fla. Stat.; § 409.2563(5)(a), Fla. Stat.; § 409.2563(5)(b), Fla....
CopyPublished | Florida 5th District Court of Appeal
twenty days after receipt of the initial notice); §
409.2563(4)(m) 3., Fla. Stat. (requiring party to request
CopyPublished | Florida 5th District Court of Appeal
twenty days after receipt of the initial notice); §
409.2563(4)(m) 3., Fla. Stat. (requiring party to request
CopyPublished | Florida 3rd District Court of Appeal
...Because the Father did not participate in the proceedings below, visitation
and time-sharing were not considered. If the Father now has a visitation
agreement with the child’s mother, his remedy is to seek a modification
through the Department of Revenue as set forth in section 409.2563(12),
Florida Statutes, or he may seek a superseding order in the circuit court
pursuant to section 409.2563(10)(c), Florida Statutes.
2
to request an administrative hearing after notice of his right to do so and the
consequences for failing to do so, Appellant has not preserved any issue for
this Court’s appellate review....
CopyPublished | Florida 1st District Court of Appeal
...On appeal from final agency action of the
Department of Revenue.
Jim Zingale, Executive Director.
July 3, 2024
TANENBAUM, J.
This appeal involves a final administrative support order of
the Department of Revenue. The department issued the order
under section 409.2563, Florida Statutes, which, as an alternative
to seeking court-ordered child support, establishes a voluntary,
streamlined process within the executive branch to do the same
thing. See § 409.2563(2)(a), Fla....
...Because the Legislature has not authorized direct
review at the behest of a support-order obligee (which White is
here), we do not have jurisdiction to consider her appeal from that
order. If White wants to challenge the amount of the support order,
she must go to circuit court. See § 409.2563(10)(c), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2012 WL 3023190, 2012 Fla. App. LEXIS 12094
PER CURIAM. Affirmed. We affirm without prejudice to seek a modification in accordance with section 409.2563(10) or (12), Florida Statutes (2012)....
CopyPublished | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 11085, 2011 WL 2731195
...der. Other than that fact, the hearing officer recommended as the Department had requested, i.e., that the fa *604 ther be ordered to comply with the identical terms and provisions of the original Administrative Support Order. Therefore, pursuant to section 409.2563(10)(b), the Final Judgment did not supersede the Administrative Support Order....
...rative support order and does not supersede the administrative order. (Emphasis added). In Department of Revenue ex rel. Gauthier v. Hoover,
40 So.3d 99, 102 (Fla. 5th DCA 2010), this court explained that “[a] superseding order, as contemplated by section
409.2563(10)(c), is an order issued by a circuit court that changes the support obligations prospectively and which, from its date of rendition, thereafter governs....” 2 We conclude that because the Final Judgment did not change any term o...
...der. Accordingly, we strike that part of the Final Judgment making it a superseding order. In all other respects, the Final Judgment is affirmed. AFFIRMED as modified. ORFINGER, C.J., and MONACO, J., concur. . There is no appearance by the father. . Section 409.2563(10)(c) defines when a circuit court order does supersede an administrative support order: (c) A circuit court of this state, where venue is proper and the court has jurisdiction of the parties, may enter an order prospectively changi...
CopyPublished | Florida 4th District Court of Appeal
...We agree with the
department and affirm, though without prejudice, as set forth below.
As an initial matter, the father did not request a hearing prior to
issuance of the final order. Thus, he waived his right to a final hearing,
and the department was authorized to enter the final order. See §
409.2563(7)(b)-(c), Fla....
...(2019).
As to the father’s request for shared custody, the issue of time-sharing
is not properly before us. “If the parents do not have an existing time-
sharing schedule or parenting time plan and do not agree to a parenting
time plan, a plan may not be included in the initial administrative order
. . . .” § 409.2563(2)(b), Fla. Stat. (2019); see also § 409.2563(2)(e), Fla.
Stat....
...administrative support order. As time-sharing was not addressed below,
this court may not address it on appeal. Thus, we affirm on the issue.
However, the father is not without a remedy, as he may file an action
for custody and visitation in the circuit court. See § 409.2563(2)(h), Fla.
Stat....
...gation, we affirm the award in the
final order as it is supported by competent, substantial evidence. 1 Again,
however, our affirmance is without prejudice. The father may seek a
modification of the final administrative support order as set forth in
section 409.2563(12), Florida Statutes, or he may seek a superseding
order in the circuit court pursuant to section 409.2563(10)(c), Florida
Statutes....
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 22, 2015 WL 47031
PER CURIAM. The record supports the Department of Revenue’s assertion that the Division of Administrative Hearings’ subject-matter jurisdiction was not properly invoked by filing the requisite pleadings and notices as required by section 409.2563, Florida Statutes ,(2014)....
...The modification of support in the Final Administrative Support Modification Order was in error. The order on appeal is vacated, and the case is remanded to the Division of Administrative Hearings with instructions to enter an order directing the Department of Revenue to begin modification proceedings under section 409.2563....
CopyPublished | Florida 1st District Court of Appeal
...No appearance for Appellees.
PER CURIAM.
The record supports the Department of Revenue’s assertion that the Division
of Administrative Hearings’ subject-matter jurisdiction was not properly invoked by
filing the requisite pleadings and notices as required by section 409.2563, Florida
Statutes (2014)....
...The modification of support in the Final Administrative Support
Modification Order was in error. The order on appeal is vacated, and the case is
remanded to the Division of Administrative Hearings with instructions to enter an
order directing the Department of Revenue to begin modification proceedings under
section 409.2563.
VACATED and REMANDED.
ROBERTS, RAY, and MAKAR, JJ., CONCUR.
2
CopyPublished | Florida 4th District Court of Appeal
...the State of Florida Department of Revenue Child Support Program.
Because his arguments were not preserved for review, we affirm.
However, our affirmance is without prejudice for Lawson to seek a
modification of the final administrative support order as set forth in
section 409.2563(12), Florida Statutes (2022), or a superseding order in
the circuit court pursuant to section 409.2563(10)(c), Florida Statutes
(2022).
Affirmed.
KLINGENSMITH, C.J., WARNER and CIKLIN, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehearing.
CopyPublished | Florida 3rd District Court of Appeal
...District Court of Appeal of Florida, Third District. February 17, 2010. Emelike Nwosuocha, Miami, for appellant. Bill McCollum, Attorney General, and Toni C. Bernstein, Assistant Attorney General, for appellee. Before GERSTEN, SUAREZ and SALTER, JJ. PER CURIAM. Affirmed. See § 409.2563, Fla....
CopyPublished | Florida 6th District Court of Appeal
...circuit court as he had timely requested.
The Department of Revenue (“DOR”) has filed a Notice of Confession of
Error, conceding that the cause was improperly before the administrative law judge
inasmuch as Butler had timely opted for judicial review. See § 409.2563(4)(n)4.,
Fla....
CopyPublished | Florida 1st District Court of Appeal | 2013 WL 535765, 2013 Fla. App. LEXIS 2263, 38 Fla. L. Weekly Fed. D 359
...See §
409.2557(1), Fla. Stat. (2011). Support obligations are based on the child support guidelines in section
61.30, Florida Statutes, and may include retroactive support pursuant to section
61.30(17), Florida Statutes. See §§
61.046(21);
61.30;
409.2563(l)(a), (l)(g), (4)(f), Fla....
...That if the results of the genetic test indicate a statistical probability of paternity that equals or exceeds 99 percent, the department may: a. Issue a proposed order of paternity that the respondent may consent to or contest at an administrative hearing; or b. Commence a proceeding, as provided in s.
409.2563, to establish an administrative support order for the child. Notice of the proceeding shall be provided to the respondent by regular mail. §
409.256(4)(a)7., Fla. Stat. (2011) (emphasis added). Cf. §
409.2563(4), Fla....
CopyPublished | Florida 3rd District Court of Appeal
EMAS, C.J. Affirmed. See §
409.2563(2)(d), Fla. Stat. (2017) ; Applegate v. Barnett Bank of Tallahassee
CopyPublished | Florida 3rd District Court of Appeal
EMAS, C.J. Affirmed. See §
409.2563(2)(d), Fla. Stat. (2017) ; Applegate v. Barnett Bank of Tallahassee
CopyPublished | Florida 4th District Court of Appeal
...support order rendered by the appellee, the Department of Revenue. The
appellant’s brief does not raise any issue with merit. Thus, we affirm the
support order without prejudice for the appellant to seek a modification of
the final administrative support order as set forth in section 409.2563(12),
Florida Statutes (2020), or a superseding order in the circuit court
pursuant to section 409.2563(10)(c), Florida Statutes (2020)....
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 19494, 2015 WL 9584862
...of responsibility for uncovered medical expenses for the child would be based on the percentage included in the proposed order. The ALJ entered a Final Administrative Support Order consistent with his oral findings. This timely appeal followed. II. Section 409.2563, Florida Statutes (2015), governs the administrative establishment of child support obligations in cases where the child is receiving public assistance or one parent has sought the Department’s help in establishing support. To commence á proceeding under this statute, the Department must serve a Notice of Proceeding to Establish Administrative Support Order and blank financial affidavit on the parent from whom support is being sought. § 409.2563(4), Fla. Stat. (2015). Among other things, the notice must state that “the [Department intends to establish an administrative support order as defined " in [section 409.2563].” § 409.2563(4)(b)....
...The Department is then required to “calculate [a], parent’s child support obligation under the child support guidelines schedule as provided by s[ection]
61.30, based on any timely financial affidavits received and other information available to the department.” §
409.2563(5)(a)....
...The Department must send copies of the proposed final administrative support order to the parents along with a completed child support worksheet, any financial affidavits that were completed, and a notice of rights outlining, among other things, the method and time frame the parent has to request an administrative hearing. § 409.2563(5)(b), (c)....
...ed administrative support order, it must do so and send the parents copies of the amended proposed order along with a completed child support worksheet, any financial affidavits that were completed, and the same notice of rights previously provided. § 409.2563(5) (d). *1273 If the parent from whom support is being sought files a timely request for hearing or the Department determines that an evidentiary hearing is appropriate, the Department must refer the proceeding to DOAH. § 409.2563(6)....
...In that context, the ALJ is required to “consider all available and admissible information and any presumptions that apply as provided by paragraph (5)(a).” Id. The ALJ’s determination on support constitutes final agency action by the Department. § 409.2563(7)(a)....
...ALJ’s authority, is -the Department’s Notice of Proceeding to Establish Administrative Support Order. This document clearly put the father on notice that the Department was seeking the establishment of child support; -stated differently, it put the global issue of his child support obligation on the table. Section' 409.2563(6) directs that when the parent from whom support is being sought files a timely request for hearing, the Department must refer the proceeding to DOAH. The ALJ then assumes responsibility for issuing- the final administrative support order in the Department’s stead. § 409.2563(6)....
...Consistent with this mandate, the ALJ’s Notice of Hearing advised the parties that the final order issued after the hearing “may change the amount of child support, both current and retroactive, that was in the proposed order,” and the amounts would “depend on the evidence at the hearing.” Section
409.2563(7)(e) requires that a final administrative support order, whether issued by the Department or DOAH, comply with sections
61.13(1) and
61.30, Florida Statutes, and be issued in accordance with the child support guidelines schedule in section
61.30. The child support guideline amount presumptively establishes the amount of support that should be awarded whether the proceeding arises under chapter 61 or section
409.2563....
...Accordingly, the ALJ had the authority, as well as the affirmative obligation, to consider “all available and admissible information” to determine the true value of the components that factor into the father’s child support obligation, and he was not limited by the amounts set forth in the proposed order. See § 409.2563(6)....
CopyPublished | Florida 3rd District Court of Appeal
...Goodenow, Sr., for appellant.
Ashley Moody, Attorney General, and Toni C. Bernstein (Tallahassee),
Senior Assistant Attorney General, for appellee Department of Revenue.
Before EMAS, C.J., and LOGUE and MILLER, JJ.
PER CURIAM.
Affirmed. See § 409.2563, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 21152, 2005 WL 3408031
PER CURIAM. Affirmed without prejudice for Jerald M. Stone to file a civil action under section 409.2563(2)(d), Florida Statutes (2005)....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 18315
...arguing that the ALJ erred by determining that the Division of Administrative
Hearings (“DOAH”) lacked subject matter jurisdiction to establish the child support
obligation of Laura Beth Graczyk (“Appellee”) because DOAH had jurisdiction
pursuant to section 409.2563, Florida Statutes (2015)....
...“The
department’s authority shall include, but not be limited to, the establishment of
4
paternity or support obligations, as well as the modification, enforcement, and
collection of support obligations.” Id.
Section 409.2563, Florida Statutes (2015), governs the administrative
establishment of child support obligations and provides in pertinent part:
(2) Purpose and scope.—
(a) It is not the Legislature’s intent to limit the jurisdicti...
...ishing paternity and child support
obligations in Title IV-D cases. This section does not prohibit a person who has
standing from filing a civil action in circuit court for a determination of paternity or
of child support obligations.”).
Section 409.2563 confers concurrent jurisdiction on DOR/DOAH to establish
child support obligations when there is no court order of support. See §
409.2563(2)(a), (c), Fla....
...Our reading of the statute furthers the stated legislative intent behind the
statute, which is not to limit the circuit court’s jurisdiction, but to provide DOR with
an alternative procedure for establishing child support obligations in a fair and
expeditious manner. See § 409.2563(2)(a), Fla. Stat. The statute clearly provides
that the circuit court retains jurisdiction and may hear a child support matter at any
time, and its support order prospectively supersedes an administrative support
order. See § 409.2563(2)(d), (4)(l), (10)(c), (11), Fla....
...Although the circuit court action in this case has been pending
for three years, no child support order has been entered. Additionally, here, DOR’s
7
obligation to terminate the administrative action was not triggered pursuant to the
opt-out provision of the statute. See §
409.2563(2)(f), (4)(m)-(n), Fla. Stat.; see
also German v. State Dep’t of Revenue,
177 So. 3d 318, 318 (Fla. 4th DCA 2015)
(“Section
409.2563(2)(f) ....
CopyPublished | Florida 3rd District Court of Appeal
...petition, regardless of whether that date precedes the filing of the petition.”)
However, and as the Department of Revenue properly and
commendably concedes, the Title IV-D Standard Parenting Time Plan was
not incorporated into the final support order as required, see § 409.2563,
2
Fla....
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 13244, 2011 WL 3676997
...Although the circuit court found it inequitable to enforce the administrative support order based on a new child support determination, there is no authority for the circuit court to revisit child support calculations in an enforcement proceeding pursuant to section 409.2563(10)(b), Florida Statutes. Accordingly, we reverse the superseding order and remand the case for the entry of an order enforcing the administrative support order. This is without prejudice to appellee seeking administrative modification of the order pursuant to section 409.2563(12), Florida Statutes, or seeking a superseding order by filing a civil action in circuit court to determine parental support obligations pursuant to section 409.2563(2)(d), Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 13239, 2011 WL 3677038
...Although the circuit court found it inequitable to enforce the administrative support order based on a new child support determination, appellee did not object to the enforcement of the order, and there is no authority for the circuit court to revisit child support calculations in an enforcement proceeding pursuant to section 409.2563(10)(b), Florida Statutes. Accordingly, we reverse the superseding order and remand the case for the entry of an order enforcing the administrative support order. This is without prejudice to appellee seeking administrative modification of the order pursuant to section 409.2563(12), Florida Statutes, or seeking a superseding order by filing a civil action in circuit court to determine parental support obligations pursuant to section 409.2563(2)(d), Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 3537235, 2012 Fla. App. LEXIS 13717
...We have jurisdiction pursuant to Article V, section 4(b)(3) of the Florida Constitution and Florida Rule of Appellate Procedure 9.030(b)(2)(A). The order under review is non-final, because the trial court has not yet disposed of Respondent’s petition seeking modification of child support. . Section 409.2563(l)(f), Florida Statutes, defines a "Title IV-D case" as "a case or proceeding in which the department is providing child support services within the scope of Title IV-D of the Social Security Act.” ....
CopyPublished | Florida 3rd District Court of Appeal
an adequate record to support his appeal."); §
409.2563(7)(b), Fla. Stat. (2017) ("If the parent from
CopyPublished | Florida 1st District Court of Appeal
...After a DNA test showed that there was a 99.999999999%
probability of the father’s paternity of the child, the Department
served the father with a proposed order establishing his paternity
and his child support obligation for the child. See §§
409.256,
409.2563, Fla....
...Then, after the credit appeared
for the first time in the FAPSO, 6 the Department did not have the
opportunity to raise the issue with the ALJ because “a motion for
rehearing is not authorized in the context of the administrative
establishment of child support obligations under section 409.2563,
Florida Statutes.” Dep’t of Revenue v....
CopyPublished | Florida 1st District Court of Appeal
...After a DNA test showed that there was a 99.999999999%
probability of the father’s paternity of the child, the Department
served the father with a proposed order establishing his paternity
and his child support obligation for the child. See §§
409.256,
409.2563, Fla....
...Then, after the credit appeared
for the first time in the FAPSO, 6 the Department did not have the
opportunity to raise the issue with the ALJ because “a motion for
rehearing is not authorized in the context of the administrative
establishment of child support obligations under section 409.2563,
Florida Statutes.” Dep’t of Revenue v....
CopyPublished | Florida 4th District Court of Appeal
...As his arguments on
appeal were not preserved below, we affirm.
As in Lozano v. Department of Revenue, Child Support Enforcement,
311
So. 3d 59 (Fla. 4th DCA 2021), our affirmance is “without prejudice for the
appellant to seek a modification of the final administrative support order
as set forth in section
409.2563(12), Florida Statutes (2020), or a
superseding order in the circuit court pursuant to section
409.2563(10)(c),
Florida Statutes (2020).” Id.
Affirmed without prejudice.
CONNER, C.J., FORST and ARTAU, JJ., concur.
* * *
Not final until disposition of timely filed motion for reheari...
CopyPublished | Florida 1st District Court of Appeal
...The Department of Revenue correctly asserts that the Final Administrative
Support Modification Order entered by the Administrative Law Judge was in error
because the subject-matter jurisdiction of Division of Administrative Hearings was
not properly invoked under section 409.2563, Florida Statutes (2014)....
...Dove,
152 So. 3d 1278 (Fla. 1st DCA 2015). The order on appeal is
vacated, and the case is remanded to the Division of Administrative Hearings with
instructions to enter an order directing the Department of Revenue to begin
modification proceedings under section
409.2563.
REVERSED AND REMANDED.
CLARK, ROWE, and MAKAR, JJ., CONCUR.
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 5423, 2015 WL 1650761
...The Department of Revenue correctly asserts that the Final Administrative Support Modification Order entered by the Administrative Law Judge was in error because the subject-matter jurisdiction of Division of Administrative Hearings was not properly invoked under section 409.2563, Florida Statutes (2014)....
...Dove,
152 So.3d 1278 (Fla. 1st DCA 2015). The order on appeal is vacated, and the case is remanded to the Division of Administrative Hearings with instructions to enter an order directing the Department of Revenue to begin modification proceedings under section
409.2563....
