The 2023 Florida Statutes (including Special Session C)

Title XXX
SOCIAL WELFARE

Chapter 409
SOCIAL AND ECONOMIC ASSISTANCE

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F.S. 409.2557

409.2557 State agency for administering child support enforcement program.—

(1) The department is designated as the state agency responsible for the administration of the child support enforcement program, Title IV-D of the Social Security Act, 42 U.S.C. ss. 651 et seq.

(2) The department in its capacity as the state Title IV-D agency has the authority to take actions necessary to carry out the public policy of ensuring that children are maintained from the resources of their parents to the extent possible. The department’s authority includes, but is not limited to, the establishment of paternity or support obligations, the establishment of a Title IV-D Standard Parenting Time Plan or any other parenting time plan agreed to and signed by the parents, and the modification, enforcement, and collection of support obligations.

(3) The department has the authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement all laws administered by the department in its capacity as the Title IV-D agency for this state including, but not limited to, the following:

(a) Background screening of department employees and applicants, including criminal records checks;

(b) Confidentiality and retention of department records; access to records; record requests;

(d) Federal funding procedures;

(e) Agreements with law enforcement and other state agencies; National Crime Information Center (NCIC) access; Parent Locator Service access;

(f) Written agreements entered into between the department and support obligors in establishment, enforcement, and modification proceedings;

(g) Procurement of services by the department, pilot programs, and demonstration projects;

(h) Management of cases by the department involving any documentation or procedures required by federal or state law, including, but not limited to, cooperation; review and adjustment; audits; interstate actions; diligent efforts for service of process;

(i) Department procedures for orders for genetic testing; subpoenas to establish, enforce, or modify orders; increasing the amount of monthly obligations to secure delinquent support; suspending or denying driver and professional licenses and certificates; fishing and hunting license suspensions; suspending vehicle and vessel registrations; screening applicants for new or renewal licenses, registrations, or certificates; income deduction; credit reporting and accessing; tax refund intercepts; passport denials; liens; financial institution data matches; expedited procedures; medical support; and all other responsibilities of the department as required by state or federal law;

(j) Collection and disbursement of support and alimony payments by the department as required by federal law; collection of genetic testing costs and other costs awarded by the court;

(k) Report information to and receive information from other agencies and entities;

(l) Provide location services, including accessing from and reporting to federal and state agencies;

(m) Privatizing location, establishment, enforcement, modification, and other functions;

(n) State case registry;

(o) State disbursement unit;

(p) Administrative proceedings to establish paternity or establish paternity and child support, orders to appear for genetic testing, and administrative proceedings to establish child support obligations; and

(q) All other responsibilities of the department as required by state or federal law.

(4) The department shall establish on its website a dedicated web page that provides information to obligors who have difficulty paying child support due to economic hardship. There must be a link to such web page on the main child support web page. The web page must be in plain language and include, at a minimum, information on how an obligor can modify a child support order, information on how to access services from CareerSource Florida, Inc., and the organizations awarded grants under s. 409.25996, and a link to the website for CareerSource Florida, Inc.

History.—s. 3, ch. 76-220; s. 19, ch. 92-138; s. 4, ch. 94-318; s. 20, ch. 98-397; s. 26, ch. 2001-158; s. 9, ch. 2002-173; s. 2, ch. 2002-239; s. 22, ch. 2005-39; s. 3, ch. 2017-117; s. 12, ch. 2022-67; s. 90, ch. 2023-8.

F.S. 409.2557 on Google Scholar

F.S. 409.2557 on Casetext

Amendments to 409.2557

Arrestable Offenses / Crimes under Fla. Stat. 409.2557

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 409.2557.

Annotations, Discussions, Cases:

Cases from cite.case.law:

DEPARTMENT OF REVENUE O B O E. SALYER, v. J. VOBROUCEK,, 259 So. 3d 228 (Fla. App. Ct. 2018)

. . . See § 409.2557(1), Fla. . . .

DEPARTMENT OF REVENUE, ON BEHALF OF MARQUEZ, v. LOPEZ,, 252 So. 3d 823 (Fla. App. Ct. 2018)

. . . See § 409.2557(1) & (2), Fla. Stat. (2017). . . .

DEPARTMENT OF REVENUE O B O A. GAINES, v. A. CURTIS,, 247 So. 3d 715 (Fla. App. Ct. 2018)

. . . . § 409.2557(1), Fla. Stat. (2017) ; McLeod, 96 So.3d at 446 (citing § 409.2557(1), Fla. . . . enforce and collect Title IV-D support obligations and then disburse them to the custodial parent. §§ 409.2557 . . . Department collects the child support payments directly from Father for disbursement to Mother. §§ 409.2557 . . .

DEPARTMENT OF REVENUE v. GRACZYK,, 206 So.3d 157 (Fla. Dist. Ct. App. 2016)

. . . .” § 409.2557(1), Fla. Stat. (2015). . . . .” § 409.2557(2), Fla. Stat. . . .

THEODORIDES, v. THEODORIDES,, 201 So. 3d 141 (Fla. Dist. Ct. App. 2015)

. . . . § 409.2557, Fla. Stat. (2013). . . .

FLORES, v. SANCHEZ,, 137 So. 3d 1104 (Fla. Dist. Ct. App. 2014)

. . . acknowledgment of paternity, as well as information provided by the Title IV-D agency established pursuant to s. 409.2557 . . .

DEPARTMENT OF REVENUE o b o SORTO, v. LaGREE,, 106 So. 3d 534 (Fla. Dist. Ct. App. 2013)

. . . See § 409.2557(1), Fla. Stat. (2011). . . .

VAN WEELDE, v. VAN WEELDE,, 110 So. 3d 918 (Fla. Dist. Ct. App. 2013)

. . . acknowledgment of paternity, as well as information provided by the Title IV-D agency established pursuant to s. 409.2557 . . .

DEPARTMENT OF REVENUE, CHILD SUPPORT ENFORCEMENT o b o M. HARPER, v. G. CESSFORD,, 100 So. 3d 1199 (Fla. Dist. Ct. App. 2012)

. . . . § 6402(c) (2008); see also § 409.2557(1), Fla. Stat. (2008). . . .

DEPARTMENT OF REVENUE v. McLEOD,, 96 So. 3d 443 (Fla. Dist. Ct. App. 2012)

. . . See § 409.2557(1), Fla. Stat. . . . As noted, section 409.2557(1), Florida Statutes, designates DOR “as the state agency responsible for . . .

DEPARTMENT OF REVENUE R. ROBERSON, v. A. CHANEY,, 90 So. 3d 883 (Fla. Dist. Ct. App. 2012)

. . . . § 409.2557(1), Fla. Stat. . . . . § 409.2557(2), Fla. Stat. . . .

In DAVIS, v., 465 B.R. 309 (M.D. Fla. 2011)

. . . In re Diaz, 647 F.3d 1073, 1080 (11th Cir.2011) (citing Florida Statute Section 409.2557). . Mr. . . .

DEPARTMENT OF REVENUE o b o v. VARELA,, 67 So. 3d 1205 (Fla. Dist. Ct. App. 2011)

. . . . §§ 409.2554(1), 409.2557(1); Fla. Stat. (2010). . . .

In A. DIAZ, v. A. a. k. a. A. In A. v. A. A., 647 F.3d 1073 (11th Cir. 2011)

. . . . § 409.2557. . . . .

In A. DIAZ, v. A. a. k. a. A. In A. v. A. A., 647 F.3d 1073 (11th Cir. 2011)

. . . . § 409.2557. . . . .

PALEWSKY, v. DEPARTMENT OF REVENUE o b o MILLER,, 61 So. 3d 1227 (Fla. Dist. Ct. App. 2011)

. . . only if the public defender contracts with the county or municipality to provide representation); § 409.2557 . . .

SPANO, v. E. BRUCE,, 62 So. 3d 2 (Fla. Dist. Ct. App. 2011)

. . . See § 409.2557(2), Fla. Stat. (2009). . . .

DEPARTMENT OF REVENUE POYNTER, v. A. BUNNELL,, 51 So. 3d 543 (Fla. Dist. Ct. App. 2010)

. . . See § 409.2557(1), Fla. Stat. . . .

DEPARTMENT OF REVENUE, R. SMITH, v. SELLES,, 47 So. 3d 916 (Fla. Dist. Ct. App. 2010)

. . . administration of the child support enforcement program under Title IV of the Social Security Act, § 409.2557 . . .

FLORIDA DEPARTMENT OF REVENUE, CHILD SUPPORT ENFORCEMENT, o b o J. BAKER, v. BAKER,, 24 So. 3d 1254 (Fla. Dist. Ct. App. 2009)

. . . . §§ 409.2554(1) & 409.2557(1), Fla. Stat. (2008). . . .

In A. DIAZ,, 452 B.R. 257 (Bankr. M.D. Fla. 2009)

. . . . § 409.2557(1), (2). . . .

MERRITT, v. F. MERRITT,, 802 So. 2d 1206 (Fla. Dist. Ct. App. 2002)

. . . .” § 409.2557, Fla. Stat. (1993). . . .

WILLIAMS, v. BEAGLE o b o BEAGLE,, 777 So. 2d 1213 (Fla. Dist. Ct. App. 2001)

. . . Section 409.2557, Florida Statutes (2000) establishes DOR as the state agency responsible for administration . . .

D. F. v. DEPARTMENT OF REVENUE L. F. D. F. v. L. F., 736 So. 2d 782 (Fla. Dist. Ct. App. 1999)

. . . See § 409.2557(2), Fla. Stat. (1997); Fla. R. Civ. P. 1.210; Sprunger v. . . .

DEPARTMENT OF REVENUE E. MEIRE, v. A. BANDER,, 734 So. 2d 1145 (Fla. Dist. Ct. App. 1999)

. . . See § 409.2557, Fla. Stat. (1997). . . . .

In MAITEN, 225 B.R. 246 (Bankr. M.D. Fla. 1998)

. . . . § 409.2557 (1997). . . .

STATE DEPARTMENT OF REVENUE a k a v. FERGUSON,, 673 So. 2d 920 (Fla. Dist. Ct. App. 1996)

. . . See also § 409.2557, Fla.Stat. (Supp.1994). . Chapter 88, Florida Statutes (1993). . . .

FLORIDA DEPARTMENT OF REVENUE BARRANCO, v. BARRANCO, Jr., 673 So. 2d 923 (Fla. Dist. Ct. App. 1996)

. . . . § 409.2557, Fla.Stat. (Supp.1994). . . .

STATE DEPARTMENT OF REVENUE, ATHERLEY, By R. AVERHOFF, v. J. ATHERLEY,, 659 So. 2d 469 (Fla. Dist. Ct. App. 1995)

. . . See § 409.2557, Fla.Stat. (1993); Thaysen v. . . . See §§ 409.2554(1), 409.2557, Fla.Stat. (1993). . . . Ch. 94-124, § 1, Laws of Fla.; §§ 409.2554(1), 409.2557, Fla.Stat. (Supp.1994). . . .

GURELL, v. STARR, 640 So. 2d 228 (Fla. Dist. Ct. App. 1994)

. . . See § 409.2557, Fla.Stat. (1993). . . . .

HENRY v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, 33 Fla. Supp. 2d 186 (Fla. Div. Admin. Hearings 1988)

. . . Sec. 1302,” Section 409.2557, Florida Statutes (1987), HRS is entitled, in appropriate cases, to invoke . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. T. JOHNSON, Jr., 504 So. 2d 423 (Fla. Dist. Ct. App. 1987)

. . . agency responsible for the administration of the IV-D child support enforcement program pursuant to Sec. 409.2557 . . .