Posted by Nydia Streets of Streets Law in Florida Child Support
What can be done if a parent disagrees with a Florida administrative child support order? Depending on what stage the proceeding is in, there may be a few options. This was an issue in the case Fernandez v. DOR, 3D24-158 (Fla. 3d DCA September 18, 2024).
In this case, the father appealed a child support order entered as part of an administrative support proceeding. On appeal, he requested a reduction of his child support obligation. The appellate court affirmed, holding “The father failed to request an administrative hearing; thus, the Department was authorized to enter the final order. See § 409.2563(7)(b)–(c), Fla. Stat. (2023). Finding that the record supports the imputation of income, we affirm. We do so, however, without prejudice. As commendably conceded by the Department, the father may seek an administrative modification of the final order as set forth in section 409.2563(12) or he may file an action to obtain a superseding order in the circuit court pursuant to section 409.2563(10)(c). See Brookshire v. Dep’t of Revenue, Child Support Enf’t, 288 So. 3d 709, 710 (Fla. 4th DCA 2020).”
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