Posted by Nydia Streets of Streets Law in Florida Child Support
Florida administrative child support cases are largely handled by mail, but either the custodial parent or the parent who is to pay support can request a hearing during the process, so long as requested by the deadlines imposed by the process. Failure to request a hearing or otherwise cooperate in the proceeding can result in the entry of a child support order with which a parent may not agree. This was an issue in the case Aguilar v. DOR, 6D2023-2846 (Fla. 6th DCA November 1, 2024).
This appellate opinion does not contain background information, but it appears a parent who was notified of an administrative child support proceeding did not participate in the proceeding and did not agree with the resulting order. The appellate court held “Affirmed. Appellant was properly served but did not participate in the proceedings below. The case is affirmed without prejudice to any rights Appellant may have to seek an administrative modification of the final order as set forth in Fla. Stat. section 409.2563(12) or to file an action to obtain a superseding order in the circuit court pursuant to section 409.2563(10)(c) or 409.2563(2)(h).”
Schedule your meeting with a Miami family law attorney to determine how the law may apply to your case.