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

2. BIG THANKS TO FRED FOR THE VERY EXCELLENT MATERIALS

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

4. Florida Administrative Code Rules
Chapter 12E-1

5. 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 § , Fla. Stat.

7. 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…

8. 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)

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

10. 3 options
Opt out
Informal discussions
Administrative Hearing

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

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

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

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

15. 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.

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

17. SOMETIMES, THE ANSWER IS DECEPTIVELY SIMPLE

19. The DOR may administratively establish paternity and parenting time

20. The DOR administrative paternity process may be served by certified mail

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

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

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

25. 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.

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

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

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

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

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

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

33. 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.

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

35. Enforcement or Contempt orders do not end the administrative process

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

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

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

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

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

41. Keep your eye on the process