Posted by Nydia Streets of Streets Law in Florida Child Support
When child support is established by an administrative order in Florida, is it possible to modify the order? This issue came up in the case Mirabella v. Mirabella, 2D18-4219 (Fla. 2d DCA December 18, 2020) in which the husband appealed an order that retroactively modified child support payments ordered to be paid by the wife.
After the parties’ separation, the husband, who was unemployed, applied for food stamps. Because of this, the Department of Revenue initiated an administrative child support proceeding on his behalf. An administrative child support order was eventually entered which set the wife’s child support obligation and ordered her to pay over $16,000 in retroactive support. The wife then filed a motion to modify this “temporary” support order. The trial court eventually entered an order lowering her support payments retroactively and modifying the retroactive amount previously ordered. The husband appealed.
The appellate court reversed this order, holding “[A]n administrative support order is by definition a final order that may only be retroactively modified as provided by section 61.14(1)(a). See § 409.2563(1)(a) (defining an administrative support order as ‘a final order . . . establishing or modifying the obligation of a parent to contribute to the support and maintenance of his or her child or children’), (10)(c) (‘Any unpaid support owed under the superseded administrative support order may not be retroactively modified by the circuit court, except as provided by s. 61.14(1)(a).’). Section 61.14(1)(a) does not allow retroactive modification of a support order prior to the date the modification was sought.”
The trial court was therefore ordered “to properly consider the statutory criteria under section 61.14(1)(a) to determine whether a retroactive modification of the wife's child support obligation is warranted and to make the requisite findings of fact. In the event the circuit court does not find that section 61.14(1)(a) supports retroactive modification, the circuit court may only enter an order prospectively changing the wife's support obligations established in the final administrative support order.”
When child support is established administratively, it is important that a party participate in the proceeding in order to preserve his or her rights. If you have been served notice of an administrative child support case in Florida, schedule a consultation with a Miami child support lawyer to go over your rights and remedies.