Posted by Nydia Streets of Streets Law in Florida Child Support

Child support in Florida can be established through a proceeding in which the Department of Revenue (DOR) pursues a case on behalf of a custodial parent owed support. When this happens, DOR petitions the court for an order that obligates the paying parent to pay support to DOR, and DOR in turn disburses the funds to the custodial parent. How much participation is required by the custodial parent in the case? This was an issue in the case Dept. of Revenue v. Rogers, 5D19-1570 (Fla. 5th DCA November 15, 2019).

The mother in this case sought the assistance of DOR in obtaining support from the father, alleging the father failed to make court-ordered child support payments. Accordingly, DOR filed a motion for contempt against the father. At the hearing on the motion, the mother did not appear. As a result, the court denied the motion for contempt, citing the mother’s failure to appear as the basis. DOR appealed.

The trial court’s denial of the motion was reversed on appeal. The appellate court held “In Title IV-D of the Social Security Act, Congress required states choosing to participate in the Temporary Assistance for Needy Families (TANF) federal welfare block grant to provide assistance to custodial parents in obtaining and enforcing child support orders against noncustodial parents. 42 U.S.C. § 651-659 (2019); § 409.2563(1)(f), Fla. Stat. (2019); Dep't of Rev. ex rel. Gaines v. Curtis, 247 So. 3d 715, 716 (Fla. 5th DCA 2018). Florida opted into TANF and designated the Department to provide assistance to custodial parents in obtaining and enforcing child support orders. Id. This case became a Title IV-D case for which the Department had enforcement responsibilities because Father failed to make child support payments and the Department was requested by Mother to assist in enforcing a child support order. Id. [. . .] As a result, the Department serves as Mother's attorney-in-fact. See id. Here, the underlying child support order required Father to pay child support to the State, which would then disburse the payment to Mother. Accordingly, the Department was not required to present Mother's testimony. Id. at 717 (holding that where the Department collected child support directly from father, there "was no need for [mother's] testimony in the enforcement action").

A consultation with a Miami child support lawyer can assist you in determining how much support you may be ordered to pay or receive. You can also go over any special circumstances in your case which may affect the child support amount. Setting your meeting is the first step to understanding all steps in your case.