The 2023 Florida Statutes (including Special Session C)

Title XXX
SOCIAL WELFARE

Chapter 409
SOCIAL AND ECONOMIC ASSISTANCE

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F.S. 409.2564

409.2564 Actions for support.—

(1) In each case in which regular support payments are not being made as provided herein, the department shall institute, within 30 days after determination of the obligor’s reasonable ability to pay, action as is necessary to secure the obligor’s payment of current support, any arrearage that may have accrued under an existing order of support, and, if a parenting time plan was not incorporated into the existing order of support, include either a signed, agreed-upon parenting time plan or a signed Title IV-D Standard Parenting Time Plan, if appropriate. The department shall notify the program attorney in the judicial circuit in which the recipient resides setting forth the facts in the case, including the obligor’s address, if known, and the public assistance case number. Whenever applicable, the procedures established under chapter 88, Uniform Interstate Family Support Act, chapter 61, Dissolution of Marriage; Support; Time-sharing, chapter 39, Proceedings Relating to Children, chapter 984, Children and Families in Need of Services, and chapter 985, Delinquency; Interstate Compact on Juveniles, may govern actions instituted under this act, except that actions for support under chapter 39, chapter 984, or chapter 985 brought pursuant to this act shall not require any additional investigation or supervision by the department.

(2) The order for support entered pursuant to an action instituted by the department under subsection (1) shall require that the support payments be made periodically to the department through the depository. An order for support entered under subsection (1) must include either a signed, agreed-upon parenting time plan or a signed Title IV-D Standard Parenting Time Plan, if appropriate. Upon receipt of a payment made by the obligor pursuant to any order of the court, the depository shall transmit the payment to the department within 2 working days, except those payments made by personal check which shall be disbursed in accordance with s. 61.181. Upon request, the depository shall furnish to the department a certified statement of all payments made by the obligor. Such statement shall be provided by the depository at no cost to the department.

(3) When it is no longer authorized to receive payments for the obligee, the department shall notify the depository to redirect income deduction payments to the obligee.

(4) Whenever the Department of Revenue has undertaken an action for enforcement of support, the Department of Revenue may enter into an agreement with the obligor for the entry of a judgment determining paternity, if applicable, and for periodic child support payments based on the child support guidelines schedule in s. 61.30. Before entering into this agreement, the obligor shall be informed that a judgment will be entered based on the agreement. The clerk of the court shall file the agreement without the payment of any fees or charges, and the court, upon entry of the judgment, shall forward a copy of the judgment to the parties to the action.

(5) Whenever the department has undertaken an action to determine paternity, to establish an obligation of support, or to enforce or modify an obligation of support, the department shall be a party to the action only for those purposes allowed under Title IV-D of the Social Security Act. The program attorney shall be the attorney of record solely for the purposes of support enforcement as authorized under Title IV-D and may prosecute only those activities which are eligible for federal financial participation under Title IV-D. An attorney-client relationship exists only between the department and the legal services providers in all Title IV-D cases. The attorney shall advise the obligee in Title IV-D cases that the attorney represents the agency and not the obligee.

(6) The department and its officers, employees, and agents and all persons and agencies acting pursuant to contract with the department are immune from liability in tort for actions taken to establish, enforce, or modify support obligations if such actions are taken in good faith, with apparent legal authority, without malicious purpose, and in a manner not exhibiting wanton and willful disregard of rights or property of another.

(7) The director of the department, or the director’s designee, is authorized to subpoena from any person financial and other information necessary to establish, modify, or enforce a child support order.

(a) For the purpose of establishing or modifying a child support order, or enforcing a support order, the director of the department or another state’s Title IV-D agency, or any employee designated by the director of the department or authorized under another state’s law, may administer oaths or affirmations, subpoena witnesses and compel their attendance, take evidence and require the production of any matter which is relevant to the support action, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence.

(b) Subpoenas issued by the department or another state’s Title IV-D agency may be challenged in accordance with s. 120.569(2)(k)1. While a subpoena is being challenged, the department may not impose a fine as provided for under paragraph (c) until the challenge is complete and the subpoena has been found to be valid.

(c) The department is authorized to impose a fine for failure to comply with a subpoena. Failure to comply with the subpoena, or to challenge the subpoena as provided in paragraph (b), within 15 days after service of the subpoena may result in the agency taking the following actions:

1. Imposition of an administrative fine of not more than $500.

2. Enforcement of the subpoena as provided in s. 120.569(2)(k)2. When the subpoena is enforced pursuant to s. 120.569(2)(k)2., the court may award costs and fees to the prevailing party in accordance with that section.

(d) The department may seek to collect administrative fines imposed pursuant to paragraph (c) by filing a petition in the circuit court of the judicial circuit in which the person against whom the fine was imposed resides. All fines collected pursuant to this subsection shall be deposited into the Child Support Enforcement Application and Program Revenue Trust Fund.

(8) In cases in which support is subject to an assignment as provided under 45 C.F.R. s. 301.1, the department shall, upon providing notice to the obligor and obligee, direct the obligor or other payor to change the payee to the appropriate depository.

(9)(a) For the purpose of securing delinquent support, the department may increase the amount of the monthly support obligation to include amounts for delinquencies, subject to such conditions or limitations as set forth in paragraph (b).

(b) In support obligations not subject to income deduction, the department shall notify the obligor in writing of his or her delinquency and of the department’s intent to require an additional 20 percent of the monthly obligation amount to allow for collection of the delinquency unless, within 20 days, the obligor pays the delinquency in full or files a petition with the circuit court to contest the delinquency action.

(c) All written notices provided to an obligor regarding delinquent support must include information on how the obligor can access the web page required under s. 409.2557(4) and how to access services through CareerSource Florida, Inc., and the organizations that are awarded grants under s. 409.25996.

(10) For the purposes of denial, revocation, or limitation of an obligor’s United States passport, consistent with 42 U.S.C. s. 652(k)(1), the department shall have procedures to certify to the Secretary of the United States Department of Health and Human Services that an obligor owes arrearages of support in an amount exceeding $2,500. Said procedures shall provide that the obligor be given notice of the determination and of the consequence thereof and an opportunity to contest the accuracy of the determination.

(11)(a) The Department of Revenue shall review child support orders in IV-D cases at least once every 3 years when requested by either party, or when support rights are assigned to the state under s. 414.095(7), and may seek modification of the order if appropriate under the child support guidelines in s. 61.30. Not less than once every 3 years the department shall provide notice to the parties subject to the order informing them of their right to request a review and, if appropriate, a modification of the child support order. The notice requirement may be met by including appropriate language in the initial support order or any subsequent orders.

(b) If the department’s review of a support order entered by the circuit court indicates that the order should be modified, the department, through counsel, shall file a petition to modify the order with the court. Along with the petition, the department shall file a child support guideline worksheet, any financial affidavits or written declarations, pursuant to s. 61.30(15), received from the parties or completed by the department as part of the support order review, a proposed modified order that includes findings as to the source and amount of income, and a notice that informs the parties of the requirement to file an objection or a request for hearing with the court if the party wants a court hearing on the petition to modify. A copy of the petition, proposed order, and other documents shall be served by regular mail on a party who requested the support order review. A party that did not request the support order review shall be served personally in any manner authorized under chapter 48.

(c) To obtain a court hearing on a petition to modify a support order, a party who is served by regular mail must file an objection to the proposed order or a request for hearing with the court within 30 days after the date on which the petition, proposed order, and other documents were mailed. If a party is served personally, to obtain a court hearing on a petition to modify the party must file an objection to the proposed order or a request for hearing with the court within 30 days after the date of receipt of the petition, proposed order, and other documents.

(d) If a timely objection or request for hearing is not filed with the court, the court may modify the support order without a hearing in accordance with the terms of the proposed order.

(e) If a support order does not provide for payment of noncovered medical expenses or require health insurance for the minor child and health insurance is accessible to the child and available at a reasonable cost, the department shall seek to have the order modified and any modification shall be made without a requirement for proof or showing of a change in circumstances.

(12)(a) When the department files a petition for modification of a child support order and the petition is accompanied with a verified motion signed by the department to redirect payment alleging that:

1. The child is residing with a relative caretaker as defined in s. 414.0252 and the relative caretaker receives temporary cash assistance as defined in s. 414.0252; or

2. The child was formerly residing with a relative caretaker as defined in s. 414.0252, the child support payments were redirected to the relative caretaker, and the child is now residing with the original payee,

then the court shall enter a temporary order, ex parte, within 5 days that redirects the child support payments to the relative caretaker or original payee pending a final hearing and may grant such relief as the court deems proper. Upon the filing of a verified motion by the department to redirect payment, the relative caretaker is deemed a party to the proceedings.

(b) In the event that it is subsequently determined by the court that the child support payments were improperly diverted, the department shall pay the improperly diverted child support payments to the appropriate party and shall attempt to recoup any child support improperly paid.

(13) The department shall have the authority to adopt rules to implement this section.

History.—s. 5, ch. 76-220; s. 143, ch. 86-220; s. 20, ch. 92-138; s. 12, ch. 95-222; s. 89, ch. 96-175; s. 48, ch. 97-170; s. 39, ch. 98-280; s. 24, ch. 98-397; ss. 12, 13, ch. 99-375; s. 54, ch. 2000-153; s. 93, ch. 2000-165; s. 31, ch. 2001-158; ss. 28, 29, ch. 2005-39; s. 1, ch. 2005-61; s. 4, ch. 2007-85; s. 22, ch. 2008-61; s. 10, ch. 2010-187; s. 6, ch. 2017-117; s. 13, ch. 2022-67; s. 91, ch. 2023-8.

F.S. 409.2564 on Google Scholar

F.S. 409.2564 on Casetext

Amendments to 409.2564

Arrestable Offenses / Crimes under Fla. Stat. 409.2564

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 409.2564.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . ." § 409.2564(5), Fla. Stat. (2017) (footnotes omitted). . . . Although the Department's attorney represents the agency and not the custodial parent, see § 409.2564 . . . attorney in fact for purposes of enforcing the administrative child support order. §§ 409.2561(2)(b), 409.2564 . . .

FLORIDA DEPARTMENT OF REVENUE, v. SEELEY, 213 So. 3d 974 (Fla. Dist. Ct. App. 2016)

. . . Seeley requested that DOR conduct a review of his child support payments in accordance with § 409.2564 . . .

DEPARTMENT OF REVENUE o b o v. JOHNSON,, 177 So. 3d 697 (Fla. Dist. Ct. App. 2015)

. . . Pursuant to section 409.2564(ll)(a), Florida Statutes, DOR informed Respondent that he was entitled to . . . DOR determines that no modification action is warranted after conducting a review pursuant to section 409.2564 . . .

D. LOPEZ, v. DEPARTMENT OF REVENUE,, 201 So. 3d 119 (Fla. Dist. Ct. App. 2015)

. . . Section 409.2564 of the Florida Statutes ' authorizes DOR to bring a paternity action on behalf of an . . .

FLORIDA DEPARTMENT OF REVENUE HAYE, v. KERR,, 155 So. 3d 1262 (Fla. Dist. Ct. App. 2015)

. . . See generally §§ 409.2551,409.2561, 409.2564, 409.2567, Fla. Stat. (2014). . . .

In AMENDMENTS TO FLORIDA FAMILY LAW RULES OF PROCEDURE, 126 So. 3d 228 (Fla. 2013)

. . . Social Security Act, except for such matters relating to dissolution of marriage petitions (sections 409.2564 . . .

R. HOOVER, v. FLORIDA DEPARTMENT OF REVENUE D. MITCHELL,, 114 So. 3d 494 (Fla. Dist. Ct. App. 2013)

. . . Administrative Order to Modify Administrative Support Order, which functioned as the “petition” under section 409.2564 . . .

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

. . . participation and the undersigned attorney’s representation are limited in scope as set forth in Section 409.2564 . . . requested by either party, or when support rights are assigned to the state under s. 414.095(7)....” § 409.2564 . . . Section 409.2564, Florida Statutes, addresses “Actions for support.” . . . Subsection 409.2564(1) provides: “In each case in which regular support payments are not being made as . . . See § 409.2564(11), (12), Fla. Stat. . . .

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

. . . While sections 61.16 and 409.2564(5), Florida Statutes (2009), discuss Title IV-D cases, neither requires . . .

FLORIDA DEPARTMENT OF REVENUE, v. R. COLLINGWOOD, 43 So. 3d 952 (Fla. Dist. Ct. App. 2010)

. . . On the contrary, under section 409.2564(11), Florida Statutes (2010), the department is required to review . . . See § 409.2564(5), Fla. . . .

In AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE- MANAGEMENT OF CASES INVOLVING COMPLEX LITIGATION, 30 So. 3d 477 (Fla. 2009)

. . . Social Security Act, except for such matters relating to dissolution of marriage petitions (sections 409.2564 . . .

In AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE- MANAGEMENT OF CASES INVOLVING COMPLEX LITIGATION, 15 So. 3d 558 (Fla. 2009)

. . . Social Security Act, except for such matters relating to dissolution of marriage — petitions—(sections—409.2564 . . . Social Security Act, except for such matters relating to dissolution of marriage petitions (sections 409.2564 . . .

DEPARTMENT OF REVENUE o b o JACKSON v. NESBITT, III,, 975 So. 2d 549 (Fla. Dist. Ct. App. 2008)

. . . jurisdiction to order Nesbitt’s requested relief because the funds owed exceeded $5,000, citing section 409.2564 . . . Section 409.2564(10), Florida Statutes (2006), gives DOR the authority to certify to the Secretary of . . . and that the individual shall be given an opportunity to contest the accuracy of the determination. § 409.2564 . . . Nesbitt does not assert, and the trial court did not conclude, that section 409.2564(10) is unconstitutional . . . Under section 409.2564(10), Florida Statutes (2006), the Florida DOR is required to have procedures for . . .

In AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE TWO YEAR CYCLE, 917 So. 2d 176 (Fla. 2005)

. . . 409.2564, 409.257-1, and 409.2597,-Florida Statutes), paternity, or UR-ESAUIFSA. . . .

DEPARTMENT OF REVENUE, o b o PRESTON, v. CUMMINGS, o b o L. v. J. II, o b o M. v. J. o b o v. o b o v. O. III, o b o v. E., 871 So. 2d 1055 (Fla. Dist. Ct. App. 2004)

. . . See § 409.2564(1), Fla. . . .

THOMPSON, v. STATE DEPARTMENT OF REVENUE,, 867 So. 2d 603 (Fla. Dist. Ct. App. 2004)

. . . Pursuant to section 409.2564, Florida Statutes (2002), the- Department filed an action to establish and . . .

B. LIEBERT, v. STATE DEPARTMENT OF REVENUE R. LIEBERT,, 748 So. 2d 344 (Fla. Dist. Ct. App. 1999)

. . . The child support hearing officer denied the discovery request, citing sections 409.2567 and 409.2564 . . . Section 409.2564(1) provides: In each case in which regular support payments are not being made as provided . . .

HAND, v. MENSH AND P. A., 718 So. 2d 234 (Fla. Dist. Ct. App. 1998)

. . . However, section 409.2564(6), Florida Statutes (1995), provides immunity for the Firm when only negligence . . . Section 409.2564(6) provides: The department and its officers, employees, and agents and all persons . . . complaint fail to state a cause of action sufficient to waive the immunity of the Firm under section 409.2564 . . .

PADILLA, v. PADILLA,, 698 So. 2d 893 (Fla. Dist. Ct. App. 1997)

. . . See generally §§ 409.2564(4)(a)-(d), Fla. Stat. (1996). Affirmed. . . .

In AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, 682 So. 2d 105 (Fla. 1996)

. . . Security Act, except for such matters relating to dissolution of marriage petitions (⅞& sections 409.245, 409.2564 . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, STATE G. BOLLHEIMER, v. J. BOLLHEIMER,, 634 So. 2d 179 (Fla. Dist. Ct. App. 1994)

. . . See § 409.2564, Fla.Stat. . . .

FORT, Jr. v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, M. EMMERS,, 626 So. 2d 302 (Fla. Dist. Ct. App. 1993)

. . . See § 409.2564, Fla.Stat. (Supp.1992). . See Atlantic Commercial Development Corp. v. . . .

TAYLOR v. McGREGOR,, 616 So. 2d 159 (Fla. Dist. Ct. App. 1993)

. . . .” § 409.2564(1), Fla.Stat. (1989). . . . Additionally, section 409.2564(1) states that “[w]henever applicable, the procedures established under . . . Fifth and First Districts held that when HRS brings a child support enforcement action under section 409.2564 . . . There is no statutory basis for an award of attorney’s fees when HRS files an action under section 409.2564 . . . . § 409.2564(1), Fla.Stat. (1989); Crossdale, 585 So.2d at 482; Rogers, 575 So.2d at 268. . . . child-support cases, it did not deem it necessary to render HRS immune from a fee award in such cases. § 409.2564 . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, CHILD SUPPORT ENFORCEMENT, v. HOLLAND,, 602 So. 2d 652 (Fla. Dist. Ct. App. 1992)

. . . In this case, HRS, acting pursuant to section 409.2564(1), Florida Statutes (1991), filed a suit in Citrus . . . Reciprocal Enforcement of Support, ... may govern actions instituted under the provisions of this act ... § 409.2564 . . . Section 409.2564(1), Florida Statutes (1991) provides: In each case in which regular child support payments . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. HARVEY,, 593 So. 2d 611 (Fla. Dist. Ct. App. 1992)

. . . Section 409.2564(1), Florida Statutes (1989), authorizes HRS to bring child support enforcement actions . . . Section 409.2564(1). . . . would otherwise make HRS liable for payment of fees when it is fulfilling its duties under section 409.2564 . . .

ELLER, v. THOMAS,, 586 So. 2d 480 (Fla. Dist. Ct. App. 1991)

. . . Section 409.2564(5), Florida Statutes, states: Whenever the IV-D agency [HRS] has undertaken an action . . . (42 U.S.C. § 651-666), entitled “Child Support and Establishment of Paternity,” and as such Section 409.2564 . . .

DEPARTMENT OF HEALTH REHABILITATIVE SERVICES OF STATE OF FLORIDA, v. CROSSDALE,, 585 So. 2d 481 (Fla. Dist. Ct. App. 1991)

. . . Moreover, section 409.2564(1) says: Whenever applicable, the procedures established under the provisions . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. VORAC,, 582 So. 2d 79 (Fla. Dist. Ct. App. 1991)

. . . See sections 88.121(1); 409.2564(1), Florida Statutes. . . .

T. ROGERS, v. COOPER,, 575 So. 2d 266 (Fla. Dist. Ct. App. 1991)

. . . Pursuant to Section 409.2564, Florida Statutes, the department instituted a Section 61.17, Florida Statutes . . . Section 409.2564(2), Florida Statutes, authorizes the department to receive the support payments ordered . . . Section 409.2564(4), Florida Statutes, even authorizes the department to settle the action by agreement . . . Section 409.2564(6), Florida Statutes, provides: (6) The department and its officers, employees, and . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES G. v. SAVAGE, Jr., 570 So. 2d 1089 (Fla. Dist. Ct. App. 1990)

. . . Section 409.2564(1) provides in pertinent part (emphasis added): [T]he department shall institute, within . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. NOLDEN,, 556 So. 2d 1176 (Fla. Dist. Ct. App. 1990)

. . . The Department of Health and Rehabilitative Services, the nominal appellant, is acting under section 409.2564 . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. J. HATFIELD,, 522 So. 2d 61 (Fla. Dist. Ct. App. 1988)

. . . See § 409.2564, Fla.Stat. (1979). . . .

THE FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES v. HATFIELD, 22 Fla. Supp. 2d 78 (Fla. Cir. Ct. 1987)

. . . . § 409.2561(1), § 409.2564(1) and (4); 45 C.F.R. § 302.50 and § 302.53. . . .

RICHARDSON v. HELMS,, 502 So. 2d 1372 (Fla. Dist. Ct. App. 1987)

. . . Health and Rehabilitative Services, pursuant to its statutory authority under sections 409.2561 and 409.2564 . . .

THE FLORIDA BAR RE AMENDMENT TO RULES OF CIVIL PROCEDURE RULE c CAPTION OF PLEADINGS, 488 So. 2d 57 (Fla. 1986)

. . . Security Act, except for such matters relating to dissolution of marriage petitions (F.S. 409.245, 409.2564 . . .

In B. W. J. W. M. W. H. WIRSING, v. STATE DEPARTMENT OF HEALTH REHABILITATIVE SERVICES,, 479 So. 2d 740 (Fla. Dist. Ct. App. 1985)

. . . places children in foster care, makes absolutely no effort to meet its duty under sections 409.2561 and 409.2564 . . .

WASHINGTON, v. JAMES,, 471 So. 2d 647 (Fla. Dist. Ct. App. 1985)

. . . state attorney was not empowered to represent the absent mother on issues relating to visitation, see § 409.2564 . . .

CAMPS, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES JAMERSON,, 459 So. 2d 1140 (Fla. Dist. Ct. App. 1984)

. . . requiring the parent to make future regular periodic child support payments, as contemplated by section 409.2564 . . .

A. MEARS v. M. LUTERMAN,, 453 So. 2d 499 (Fla. Dist. Ct. App. 1984)

. . . We reverse on the basis of the plain language of section 409.2564(1), Florida Statutes (1983), which . . .

FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. CISNEROS, Jr., 446 So. 2d 727 (Fla. Dist. Ct. App. 1984)

. . . department initiated this action in discharge of its statutory obligation under section 409.2561 and section 409.2564 . . .

CRONEBAUGH, v. VAN DYKE, Jr., 415 So. 2d 738 (Fla. Dist. Ct. App. 1982)

. . . See §§ 409.2564, 88.101, 88.181(2), Fla.Stat. (1979). . Armour v. . . .