Posted by Nydia Streets of Streets Law in Florida Child Support

Florida Statute Chp. 409.2563 outlines the procedure for a Florida administrative child support proceeding. Participation in this proceeding addresses only child support unless the parents agree otherwise. If a parent disagrees with the proposed child support amount, according to this chapter, “The parent from whom support is being sought may, within 20 days after the date of mailing or other service of the proposed administrative support order, request a hearing by filing a written request for hearing in a form and manner specified by the department.”

In appellate opinion of Egui v. DOR, 3D24-183 (Fla. 3d DCA November 20, 2024), there are no background facts given, but it appears the parent ordered to pay support in an administrative proceeding did not timely request a hearing or otherwise contest the proceeding. The appellate court affirmed, holding

See Chavez v. Dep’t of Revenue, Child Support Program, 49 Fla. L. Weekly D1756, D1756 (Fla. 3d DCA Aug. 21, 2024) (“Although the Father provided his financial information to the Department, he did not request an administrative hearing and therefore failed to fully participate in the proceedings below. By waiving his right to a hearing, the Father waived his ability to challenge the sufficiency of the evidence to support the Department's determination of his child support obligations.”); see also § 742.10(4), Fla. Stat. (2024) (“[A] signed voluntary acknowledgment of paternity shall constitute an establishment of paternity and may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger . . . .”); § 742.18(1), Fla. Stat. (2024) (“[E]stablish[ing] circumstances under which a male may disestablish paternity or terminate a child support obligation when the male the male is not the biological father of the child.”).

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