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Timely challenging a Florida administrative child support proceeding

Posted by Nydia Streets of Streets Law in Florida Child Support

Responding to a Florida administrative child support proceeding is important to preserve your rights. Administrative proceedings are handled without a hearing and usually notice of the proceeding is sent by mail. There are important deadlines to follow to ensure the appropriate child support amount is calculated. This was an issue in the case Chavez v. DOR, 3D24-0265 (Fla. 3d DCA August 21, 2024).

The father in this administrative child support proceeding appealed an order that resulted from the proceeding. The appellate court noted from the outset “Finding no error in the Department’s determination of support, we affirm. We review an administrative child support order for competent substantial evidence supporting the agency’s findings of fact.” The court concluded “The Father seeks judicial review of the final administrative support order, arguing that support was incorrectly calculated. 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.”

Schedule your meeting with a Miami family law attorney to determine the best way to proceed in your case.