Department of Revenue Administrative Proceedings General Magistrate Randi Glick Boven Materials by Frederick L. Pollack, Esq.

BIG THANKS TO FRED FOR THE VERY EXCELLENT MATERIALS

There is an actual a procedure for using the Department of Revenue to establish support Florida Statute 409.2563

Florida Administrative Code Rules Chapter 12E-1

If there is no support order for a child in a Title IV-D case whose paternity: * has been established; or * is presumed by law; or * is the subject of an administrative establishment of paternity and support obligations pursuant to § 409.256, Fla. Stat.

Here’s where it gets tricky part 1 DOR may serve … upon the Respondent via certified mail, restricted delivery, return receipt requested; or DOR may serve the forms by any means permitted…

Here’s where it gets tricky part 2 The Respondent can opt out, but if they must do so in a timely manner. (within 20 days of receipt of mail)

Here’s where it gets tricky part 3 AND IT MUST BE DONE CORRECTLY OR IT IS VOID.

3 options Opt out Informal discussions Administrative Hearing

Section 409.2563 confers CONCURRENT jurisdiction to establish child support when there is no court order of support

There are only two effective remedies to prevent the entry of administrative concurrent child support orders

(1) the entry of a circuit court order awarding some form of child support, whether temporary or permanent

(2) DOR terminates the process and dismisses the administrative support proceeding

SIDE NOTE The clerk will issue a depository number which is NOT a circuit court case number. Do not confuse these numbers Significant developmental processes occur before birth, when the quality of prenatal care, environmental influences, and maternal stress can impact brain development. After birth, during the first years of life, a baby’s brain develops basic thinking and reasoning capacities, and the brain regions governing planning, self-control, and emotion actually develop rapidly. The pattern of brain development incorporates experiences – both typical human experience (such as sight, sound, language, and movement in gravity) and individual experience (e.g., nurturing or in some cases abusive care) – each of which shape the brain’s development by strengthening certain neural pathways, while allowing others to erode if not used… ** example of the “good baby” in foster care. ** So the influence of early experiences present a double-edged sword: -- Those early experiences can either help to create a sturdy foundation for later learning and behavior or delays in learning and be more difficult to rewire later in life. When early experiences fail to support an infant’s desire to learn, grow, and succeed, a child’s motivation diminishes and problems begin to emerge.

After service of the administrative child support proceedings, the DOR shall calculate child support

SOMETIMES, THE ANSWER IS DECEPTIVELY SIMPLE

The DOR may administratively establish paternity and parenting time

The DOR administrative paternity process may be served by certified mail

The alleged father can opt out of the DOR administrative paternity process

request DOR to file a circuit case or file a circuit case and serve DOR

If the alleged Father does not opt out, the DOR shall conduct DNA paternity testing if requested or adjudicate paternity

Standard Parenting Time Plan shall be presented to the parents in any administrative action to establish or modify support or establish paternity The Safe Babies Court Team Project is spearheaded by ZERO TO THREE and led locally by Judge Warren. It is a systems change initiative, focused on improving how the courts, child welfare agencies, child advocates, health care professionals, and related child-serving organizations work together, share information, and expedite services for young children.

Parents can agree to the Standard Parenting Time Plan or a different plan signed by parents and incorporated into administrative order

The Standard Parenting Time Plan is every other weekend and two hours one weekday evening. Sound famililar?

Calculating the number of overnights may be difficult and influence the child support calculation

The Standard Parenting Time Plan only sets forth the TIME for the “parent who owes support”

The Standard Parenting Time Plan does NOT determine parental responsibility or decision making

The statute is not clear on the burden of proof for modification of the Standard Parenting Plan.

MODIFICATION OF CHILD SUPPORT MAY BE ADMINISTRATIVE OR BY SUPERSEDING COURT ORDER The Safe Babies Court Team Project is spearheaded by ZERO TO THREE and led locally by Judge Warren. It is a systems change initiative, focused on improving how the courts, child welfare agencies, child advocates, health care professionals, and related child-serving organizations work together, share information, and expedite services for young children.

After the Circuit Court enters a superseding child support order, the administrative process is no longer available.

Enforcement or Contempt orders do not end the administrative process

Administrative child support modifications are statutorily required every three years or can be otherwise requested

The Circuit Court may enter an Order modifying the administrative child support when appropriate.

This process is by Petition for Superseding Order not by Petition for Modification of Child Support.

The burden of proof for a Petition for Superseding Order does not require a finding of substantial change of circumstances

Final thought Can you file a Petition for Superseding Order for modification of the Standard Parenting Time Plan?

Keep your eye on the process