Posted by Nydia Streets of Streets Law in Florida Child Support

Administrative child support proceedings in Florida have a specific procedure to follow. What happens if either party is not satisfied with the result of the proceeding? The answer depends on which party wants to challenge the result. This was an issue in the case White v. DOR, 1D2023-1210 (Fla. 1st DCA July 3, 2024).

The mother in this case initiated an administrative child support proceeding to obtain support from her ex-husband for their child. Both parties submitted their financial information as required, and an order was entered obligating the father to pay support. The mother was not happy with the amount ordered and appealed.

The appellate court determined it did not have jurisdiction to grant the mother’s appeal: “Neither [the father] nor the department requested an evidentiary hearing before an administrative hearing officer. [internal citation omitted]. Because there was no hearing, the statute gives only the obligor—that would be [the father] here—the right to seek direct judicial review of the support order in this court. [internal citation omitted]. A district court of appeal is an appellate court of limited jurisdiction when it comes to direct review of executive branch actions. We have ‘the power of direct review of administrative action’ only to the extent that the Legislature specifies. See Art. V, § 4(b)(2), Fla. Const. (‘District courts of appeal shall have the power of direct review of administrative action, as prescribed by general law.’). Because the Legislature has not authorized direct review at the behest of a support-order obligee (which [the mother] is here), we do not have jurisdiction to consider her appeal from that order. If [the mother] wants to challenge the amount of the support order, she must go to circuit court. See § 409.2563(10)(c), Fla. Stat.”

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