Posted by Nydia Streets of Streets Law in Florida Child Support
What happens if a party fails to timely request a hearing in a Florida administrative child support proceeding? The opportunity to challenge a proposed child support order arises at least twice before a final support order is entered. In the case Feliciano v. DOR, 4D19-3431 (Fla. 4th DCA October 28, 2020), the father appealed an administrative child support obligating him to pay over $800 per month.
In an administrative child support proceeding in Florida, parties are first notified by mail that a proceeding has started. Both parties are requested to mail in financial information which will enable the Department of Revenue to calculate child support. At this point, a party who wishes for the case to proceed in the circuit court instead can request this within a certain amount of time. Once that deadline passes, and the Department of Revenue issues a proposed child support order based on the financial information received, a party has a certain amount of time to request a hearing if he or she disagrees with the proposed order. Failure to timely request a hearing may result in the order being confirmed.
In the Feliciano case, the father did not request a hearing after he received a proposed order indicating his child support obligation would be over $800 per month. He participated in the proceeding by providing his financial information, but took no action after he received the proposed order. Once the order was confirmed and signed by the judge, the father then appealed.
The appellate court affirmed the order, holding “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.” The court went on to note “However, the Department's 2019 Final Administrative Paternity and 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)".”
Timely responding to notices you receive in the mail for a Florida administrative child support proceeding is important. Schedule a consultation with a Miami child support lawyer to understand your rights and obligations going forward.