Posted by Nydia Streets of Streets Law in Child Support
Administrative child support proceedings in Florida are handled without hearings unless a party requests one. All information about the case and proposed child support amounts are mailed to the parent requested to pay child support. If the parent agrees with the proposal, the order for support can be confirmed without the parties attending court. If the parent disagrees, he or she can request a hearing within certain deadlines. This was an issue in the case Pellegrino v. DOR, 2D21-2116 (Fla. 2d DCA November 3, 2022).
Not only are parents permitted to request a hearing, but the opposing party, the Department of Revenue, is also authorized to request a hearing. In this case, the parent appears not to have timely requested a hearing, but on appeal, it was clear the Department of Revenue was also authorized to request the hearing, and therefore a final administrative support order should not have been entered. The appellate court therefore reversed, citing “See, e.g., Dillion v. Dep't of Revenue, 189 So. 3d 353, 354 (Fla. 4th DCA 2016); McIntyre v. Seminole Cnty. Sch. Bd., 779 So. 2d 639, 641–43 (Fla. 5th DCA 2001); see also § 409.2563(6), Fla. Stat. (2021) (‘If the parent from whom support is being sought files a timely request for hearing or the department determines that an evidentiary hearing is appropriate, the department shall refer the proceeding to the Division of Administrative Hearings.’)”.
Schedule your consultation with a Miami child support attorney to understand how the law may apply to the facts of your case.