Posted by Nydia Streets of Streets Law in Florida Child Support
What is a Florida administrative child support proceeding? This type of proceeding largely happens via mail. So long as the parties agree as to the child support figures proposed, child support can be established through this proceeding without the parties going to court. What if a party does not agree with the numbers proposed in this type of proceeding? The case Richards v. Dept. of Revenue, 3D19-0653 (Fla. 3d DCA June 10, 2020) sheds light on this issue.
The father received notice by mail that the Department of Revenue (DOR) intended to establish child support. The notice requested that the father fill out a financial affidavit and return certain financial information no later than 20 days after he received the notice. The father failed to return his financial information so DOR ascertained his income information from databases available to DOR with his income information. DOR then sent a proposed order to the father indicating the child support amount and letting him know what his options were if he did not agree with the amount. The father did not timely take advantage of those options and an administrative support order was entered. The father appealed.
The appellate court noted the father had multiple opportunities to contest his financial information and the child support amount but he did not do so. The court therefore affirmed the order holding “Appellant failed to participate in the administrative proceedings because he did not return the forms supplied to him by the Department, did not request his financial information and any support paid, and he failed to request an administrative hearing after notice of his right to do so. Consequently, Appellant has not preserved any issue for appellate review. By waiving his right to a hearing, Appellant waived his ability to challenge the sufficiency of the evidence supporting the Department’s determination of his child support obligations.”
If you received notice of a Florida administrative child support proceeding, you should contact a Miami child support lawyer to understand your options before it is too late to act. Schedule a consultation to go over your case.