CopyCited 12 times | Published | Florida 5th District Court of Appeal | 1992 WL 158125
...VanDyke,
415 So.2d 738 (Fla. 5th DCA 1982), rev. denied,
426 So.2d 25 (Fla. 1983), and its award of attorney's fees pursuant to section
61.16 to Holland, the appellee, against the Florida Department of Health and Rehabilitative Services. In this case, HRS, acting pursuant to section
409.2564(1), Florida Statutes (1991), [1] filed a suit in Citrus County, Florida in 1991, against Holland, on behalf of his former wife, McReynolds, to obtain payment of unpaid child support he owed pursuant to a 1976 Florida dissolution decree....
...ony with Chapter 88. That statute provides, in part: Whenever applicable, the procedures established under the provision of chapter 88, Uniform Reciprocal Enforcement of Support, ... may govern actions instituted under the provisions of this act ... § 409.2564(1), Fla....
...f the other parent for the simple reason that the other parent does not own the cause for child support and it can be enforced by others acting on behalf of the minor child. [3] See, e.g., Sprunger v. Sprunger,
534 So.2d 925 (Fla. 4th DCA 1988). [1] Section
409.2564(1), Florida Statutes (1991) provides: In each case in which regular child support payments are not being made as provided herein, the department shall institute, within 30 days after determination of the obligor's reasonable ability...
CopyCited 8 times | Published | Florida 2nd District Court of Appeal
...ible." Amerada Hess Corp. v. Morgan,
426 So.2d 1122, 1125 (Fla. 1st DCA 1983); Allman v. Wolfe,
592 So.2d 1261, 1263 (Fla. 2d DCA 1992). These paternity cases seek to determine the man who has a legal duty to support *1059 the children involved. See §
409.2564(1), Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...The statute creating the power in HRS to seek enforcement on behalf of a parent who has not received support payments due from the other parent under a court order expressly says that its remedies "are in addition to, and not in lieu of, existing remedies." Section
409.2551, Florida Statutes (1989). Moreover, section
409.2564(1) says: Whenever applicable, the procedures established under the provisions of chapter 88, Uniform Reciprocal Enforcement of Support, and chapter 61, Dissolution of Marriage; Support; Custody, and chapter 39, Proceedings Relating t...
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2008 WL 313471
...sed to allow him to accept a job in France as a basketball player pursuant to a contract for a fixed term. DOR argued that the circuit court did not have jurisdiction to order Nesbitt's requested relief because the funds owed exceeded $5,000, citing section 409.2564, Florida Statutes (2006), section 51.70 of title 22 of the Code of Federal Regulations, and section 652 of title 42 of the United States Code....
...g the debtor's child support obligations to the Secretary of State in order to initiate that hold." Id. at 571. Similarly, in the instant case, the trial court had no authority to order DOR to lift and release the restrictions on Nesbitt's passport. Section 409.2564(10), Florida Statutes (2006), gives DOR the authority to certify to the Secretary of Health and Human Services that an individual has child support arrearages and may be eligible for passport restrictions: (10) For the purposes of de...
...in an amount exceeding $5,000. Said procedures shall provide that the individual be given notice of the determination and of the consequence thereof and that the individual shall be given an opportunity to contest the accuracy of the determination. § 409.2564(10), Fla. Stat. (2006). Nesbitt does not contest the DOR's determination that his child support arrearages exceeded $5,000. Nesbitt does not assert, and the trial court did not conclude, that section 409.2564(10) is unconstitutional....
...But I think something far less intrusive is afoot here. Under federal statutes, the United States Secretary of Health and Human Services (HHS) and the Secretary of State (SOS) are actually responding to a process set in motion by DOR, a Florida agency. Under section 409.2564(10), Florida Statutes (2006), the Florida DOR is required to have procedures for notifying HHS of person's failure to pay child support after being ordered to do so and to certify to HHS the fact that the payor owes arrearages exceeding $2,500....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1991 WL 17924
...The issue presented is whether the department is subject to the provisions of Section
61.16, Florida Statutes, which provides for the award of attorney's fees and costs in Chapter 61 actions. We hold that the department is subject to the provisions of Section
61.16, and we affirm the order appealed. Pursuant to Section
409.2564, Florida Statutes, the department instituted a Section
61.17, Florida Statutes, action against appellee....
...ntent serves to contravene the very clear language of the section. Neither the department's brief, nor our review of the statutes has revealed any such legislative expression. The specific authority for the department to bring the action is found in Section 409.2564, Florida Statutes....
...be treated as a party for purposes of assessment of attorney's fees and costs. However, a review of the role of the department in such proceedings, as specified by the statutes, clearly reveals that the department is much more than a nominal party. Section 409.2564(2), Florida Statutes, authorizes the department to receive the support payments ordered by the court in an action for child support enforcement which the department has instituted. Section 409.2564(4), Florida Statutes, even authorizes the department to settle the action by agreement between the department and the defendant. Finally, we find it worthy of note that the legislature did consider limitation of the department's potential exposure in its role as a party in actions for child support enforcement. Section 409.2564(6), Florida Statutes, provides: (6) The department and its officers, employees, and agents and all persons and agencies acting pursuant to contract with the department are immune from liability in tort for actions taken to establish...
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...aternity action brought by the department on behalf of a mother receiving public assistance for her dependent child. The record establishes that the department initiated this action in discharge of its statutory obligation under section
409.2561 and section
409.2564, Florida Statutes (1981), in good faith reliance upon information furnished by the mother in both her application for public assistance and paternity questionnaire....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1992 WL 25918
...The appellee thereafter filed a motion to tax his reasonable attorneys' fees to HRS pursuant to section
61.16. The trial court *612 entered an order granting the motion based upon the authority of Rogers v. Cooper,
575 So.2d 266 (Fla. 1st DCA 1991). Section
409.2564(1), Florida Statutes (1989), authorizes HRS to bring child support enforcement actions pursuant to chapter 61 "in each case in which regular child support payments are not being made......
...child support enforcement action and is thus subject to the provisions of section
61.16. The First and Fourth Districts so held notwithstanding HRS is statutorily mandated to bring a child support enforcement action on behalf of an aggrieved party. Section
409.2564(1). We do not agree that HRS is a party as contemplated by section
61.16, nor do we find any provision in the statutes that would otherwise make HRS liable for payment of fees when it is fulfilling its duties under section
409.2564....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 2690, 2004 WL 401587
...Calvin Thompson appeals a non-final order denying his motion to quash service of process in this support-administrative paternity action filed by the Department of Revenue. We reverse and remand for an evidentiary hearing pursuant to Venetian Salami Co. v. Parthenais,
554 So.2d 499, 502-03 (Fla.1989). Pursuant to section
409.2564, Florida Statutes (2002), the Department filed an action to establish and enforce child support for Thompson's four year-old daughter....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...HRS did not seek a court order to establish Hatfield's obligations to provide child support during his incarceration because HRS's investigation indicated that Hatfield did not have the financial ability to pay child support during that period. See § 409.2564, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 14477
...Lopez,” it was served on
Lopez – or more specifically on Lopez’s wife at the couple’s home.
B. Lopez’s
57.105 motion
1Lopez’s middle initial is D. DOR was seeking to establish paternity against
Guillermo J. Lopez. DOR had misidentified Lopez.
2 Section
409.2564 of the Florida Statutes authorizes DOR to bring a paternity
action on behalf of an unwed mother in order to establish an obligation of support
by the father for the benefit of the child born out of wedlock....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 9433, 1991 WL 186983
...Since HRS brought the action, the case in Martin County was not a Chapter 742 proceeding. Appellant correctly points out that the Martin County ease was a Chapter 409 proceeding brought by a Title IV-D agency, namely HRS, and that custody may not be addressed in such a proceeding. Section 409.2564(5), Florida Statutes, states: Whenever the IV-D agency [HRS] has undertaken an action to determine paternity, to establish an obligation of support, or to enforce an obligation of support, the IV-D agency shall be a party to the action only for those purposes allowed under Title IV-D of the Social Security Act....
...may prosecute only those activities which are eligible for federal financial participation under Title IV-D. *482 Custody is not an issue addressed in Title IV-D ( 42 U.S.C. § 651-666 ), entitled “Child Support and Establishment of Paternity,” and as such Section 409.2564 would bar HRS from pursuing the custody issue....
CopyPublished | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 13723, 2010 WL 3583985
...In the alternative, the lower court may have concluded that the department's action was inequitable because the department should spend its time and resources seeking to recover for the mother what the father owes her, rather than seeking to arrange that he pay her a lesser amount. On the contrary, under section 409.2564(11), Florida Statutes (2010), the department is required to review a child-support obligation every three years to determine whether the amount continues to be consistent with current support guidelines, "and may seek adjustment of t...
...an upward adjustment. The department is authorized by law to bring such an action and thus it is not inequitable as a matter of law. Accordingly, the petition for writ of certiorari is GRANTED. PADOVANO, THOMAS, and CLARK, JJ., concur. NOTES [1] See § 409.2564(5), Fla....
CopyPublished | Florida 5th District Court of Appeal | 1993 Fla. App. LEXIS 11177, 1993 WL 452693
...Accordingly, we issue the writ of certiorari, quash the order of substitution, and remand this matter to the trial court with directions to conduct a hearing on the father’s motion for assessment of attorney’s fees against HRS. 4 HARRIS, C.J., and DIAMANTIS, J., and BROCK, N.D., Associate Judge, concur. . See § 409.2564, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 2460, 1984 Fla. App. LEXIS 15910
child support payments, as contemplated by section
409.2564(1) and (2), Florida Statutes, for reimbursement
CopyPublished | Florida 1st District Court of Appeal
...an Administrative Law Judge (ALJ) of the Division of Administrative Hearings
(DOAH) instructing DOR to commence proceedings for modification of an
administrative support order. For the reasons explained below, we grant DOR’s
request.
Pursuant to section 409.2564(11)(a), Florida Statutes, DOR informed
Respondent that he was entitled to a review of the administrative support order that
obligated him to pay child support in a certain amount....
...eached, leaving
DOR with no recourse other than interlocutory review. 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....
CopyPublished | Florida 5th District Court of Appeal
...(2017).
The Department is considered a party to the enforcement action "only for those
purposes allowed under Title IV-D of the Social Security Act," and the Department's
attorney is the attorney of record "solely for the purposes of support enforcement as
authorized under Title IV-D." § 409.2564(5), Fla. Stat. (2017) (footnotes omitted).
Although the Department's attorney represents the agency and not the custodial parent,
2
see § 409.2564(5), Fla....
...While the statute is clear that the Department's attorney
represents only the agency and not Mother, this is not material because the Department
is Mother's attorney in fact for purposes of enforcing the administrative child support
order. §§
409.2561(2)(b),
409.2564(5), Fla....
CopyPublished | Florida 5th District Court of Appeal | 1994 Fla. App. LEXIS 1677, 1994 WL 63303
...See generally Chapter 93-208, § 4, Laws of Florida. The failure of the trial court to assess the fee against HRS, however, has not been raised by cross-appeal. Accordingly, we reverse the attorney’s fee award entered by the trial court. REVERSED. PETERSON and DIAMANTIS, JJ., concur. . See § 409.2564, Fla.Stat.
CopyPublished | Florida 1st District Court of Appeal
...9.100(c)(3). Because the ALJ
improperly reserved jurisdiction below, we grant the petition.
I.
Mr. Seeley requested that DOR conduct a review of his child support payments
in accordance with § 409.2564(11)(a), Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal
...judgment and did not catch that the support payments would be paid
directly to the mother. The Department also pointed out that the mother
had assigned her rights to the Department by accepting public assistance.
2
The Department asserted that under section 409.2564, Florida Statutes,
any order of support must require the payments to be made through the
depository....
... custodian “to prosecute or maintain any support action or action to
determine paternity or execute any legal, equitable, or administrative
remedy existing under the laws of the state to obtain reimbursement.” §
409.2561(3), Fla. Stat. (2018).
Actions for support are governed by section
409.2564, Florida Statutes,
which states in relevant part:
(1) In each case in which regular support payments are not
being made as provided herein, the department shall institute,
within 30 days after determination of the...
...provided under 45 C.F.R. s. 301.1, the department shall, upon
providing notice to the obligor and obligee, direct the obligor or
other payor to change the payee to the appropriate depository.
8
§ 409.2564, Fla....
...98-397, § 43,
Laws of Fla. (creating section
61.1824, Florida Statutes). Thus, under
current law, unlike in Branscomb, the direct payment of child support to
the mother in this Title IV-D case violates federal and state statutory
requirements.
Indeed, section
409.2564(8) states that “[i]n cases in which support is
subject to an assignment . . . the department shall . . . direct the obligor
9
or other payor to change the payee to the appropriate depository.” §
409.2564(8), Fla. Stat. (2018). Notably, this requirement was first enacted
in 1997, which was after Branscomb was decided. See Ch. 97-170, § 48,
Laws of Fla. While the father argues that section
409.2564 applies only to
situations in which the obligor fails to make support payments, his
argument rests entirely on section
409.2564(1).
Section
409.2564(1) requires the Department to bring an action for
support in each case in which regular support payments are not being
made. However, section
409.2564(8) is not limited to cases where the
Department instituted an action under subsection (1). Nothing in the
plain language of section
409.2564(8) would preclude this subsection from
applying to a paternity case in which the Department intervened to enforce
an obligation of support under Title IV-D.
Furthermore, although section
61.13 still contains language which
assumes...
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1601, 1985 Fla. App. LEXIS 14816
PER CURIAM. We reverse upon a finding that the state attorney was not empowered to represent the absent mother on issues relating to visitation, see § 409.2564, Fla.Stat....
CopyPublished | Florida 1st District Court of Appeal | 2013 WL 2462119, 2013 Fla. App. LEXIS 9238
...Finally, Appellant argues that the ALJ erred in failing to award support retroactively. Appellee concedes that retroactive support should have been awarded as of the date of the Proposed Administrative Order to Modify Administrative Support Order, which functioned as the “petition” under section 409.2564(ll)(b), Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 1687, 1984 Fla. App. LEXIS 14181
...After a hearing, the trial court entered an order directing that no action be taken against respondent father until a petition for support was filed against the natural mother also and both cases brought before the court at the same time. We reverse on the basis of the plain language of section 409.2564(1), Florida Statutes (1983), which states in relevant part: In each case in which regular child support payments are not being made to the department as provided herein, the department shall institute, within 30 days after determinat...
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 443, 1988 Fla. App. LEXIS 565
...HRS did not seek a court order to establish Hatfield’s obligations to provide child support during his incarceration because HRS’s investigation indicated that Hatfield did not have the financial ability to pay child support during that period. See § 409.2564, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 544, 1990 WL 6440
...of child support set by the June 6, 1988 order and the cause is remanded for further proceedings. REVERSED and REMANDED. HARRIS and PETERSON, JJ., concur. . The Department of Health and Rehabilitative Services, the nominal appellant, is acting under section 409.2564, Florida Statutes, for the mother, who is the “real party in interest” plaintiff-appellant and is the custodian of the parties’ dependent children....
CopyPublished | Florida 1st District Court of Appeal
...Section
409.2554(2) provides in pertinent part (emphasis added): "Dependent child" means any unemancipated person under the age of 18, any person under the age of 21 and still in school, or any person who is mentally or physically incapacitated when such incapacity began prior to such person reaching the age of 18. Section
409.2564(1) provides in pertinent part (emphasis added): [T]he department shall institute, within 30 days after determination of the obligor's reasonable ability to pay, action as is necessary to secure the obligor's payment of current support and any arrearage which may have accrued under an existing order of support....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 16633, 1999 WL 1127719
...This motion was denied. Appellant then sought discovery of any documents showing that either Raye Liebert or the State of New Hampshire had applied for DOR services. The child support hearing officer denied the discovery request, citing sections
409.2567 and
409.2564(1), Florida Statutes (1997), and finding it irrelevant whether or not an application had been filed with DOR for services....
...Section
409.2567 provides: All child support services provided by the department shall be made available on behalf of all dependent children. Services shall be provided upon acceptance of public assistance or upon proper application filed with the department. ... Section
409.2564(1) provides: In each case in which regular support payments are not being made as provided herein, the department shall institute ......
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 3537235, 2012 Fla. App. LEXIS 13717
...McLeod and the child “are eligible for child support services of [DOR] pursuant to chapter 409, Florida Statutes.” The petition also stated: “DOR’s participation and the undersigned attorney’s representation are limited in scope as set forth in Section 409.2564(5), Florida Statutes.” The trial court conducted a hearing and entered a written order dismissing DOR’s supplemental petition....
...necessary, seek a modification, exists only with respect to “child support orders in Federal Title IV-D cases at least once every 3 years when requested by either party, or when support rights are assigned to the state under s.
414.095(7)....” 2 §
409.2564(11)....
...support obligations, as well as the modification, enforcement, and collection of support obligations.” Section
409.2558(1) provides: “The department shall distribute and disburse support payments collected in Title IV-D eases in accordance with 42 U.S.C. s. 657 and regulations adopted thereunder....” Section
409.2564, Florida Statutes, addresses “Actions for support.” Subsection
409.2564(1) provides: “In each case in which regular support payments are not being made as provided herein, the department shall institute, within 30 days after determination of the obligor’s reasonable ability to pay, action as is neces...
...to the department through the depository.” It is in this context that this statute also addresses DOR’s obligation to periodically review support orders to determine if modification is warranted, either on its own or at a party’s request. See § 409.2564(11), (12), Fla....
