Posted by Nydia Streets of Streets Law in Florida Child Support

After an administrative child support order is entered in Florida, a party may choose to file a paternity action to establish timesharing. When that happens, a modification of the child support may be required based on the timesharing schedule ordered. Since the Department of Revenue is involved in administrative child support proceedings, it has an interest in the separately filed paternity action. This is illustrated in the case Boukzam v. Jugo, 4D19-1240 (Fla. 4th DCA March 18, 2020).

After an administrative child support order was entered, the father filed a paternity action, presumably to seek an order regarding timesharing. The Department of Revenue (DOR) moved to intervene in the paternity action on the basis that the mother was receiving public assistance. The motion was granted. The parties eventually entered a settlement agreement resolving parenting issues and child support. In pertinent part, the agreement stated that child support payments were to be made directly to the mother by the father. DOR approved the language before the agreement was ratified via a final judgment.

Subsequently, DOR realized it made a mistake in approving the agreement because payments should have been directed through the State Depository based on the mother’s receipt of public assistance. DOR filed a motion to set aside the judgment, and after consideration, the trial court denied DOR’s motion to set aside the judgment but ordered that payments be made through the State Depository consistent with Florida law. The father appealed on the basis that the trial court improperly modified the final judgment.

The appellate court agreed with the father and reversed, holding “In sum, we conclude that the trial court erred by entering a post-judgment order directing the father to make child support payments through the depository, as this constituted a modification of the final judgment without a finding that the modification was in the best interest of the child, there was a substantial change in circumstances, or any other legal ground for modification applied.” However, the court noted “that the Department's motion raised a colorable claim for relief from judgment under Florida Family Law Rule of Procedure 12.540(b)(1) on the ground of "mistake, inadvertence, surprise, or excusable neglect." The Department's allegations, if proven at an evidentiary hearing, would show that the Department made a mistake when it approved the final judgment, which contained a provision inconsistent with the requirements of Florida law. The Department's allegations stated a valid claim for vacating the final judgment. Thus, the trial court should not have summarily denied the Department's request to set aside the final judgment.”

Some parties do not wish to have child support payments made via the State Depository. To understand whether or not this would be required in your case, contact a Miami child support lawyer for a consultation.