Current through Reg. 50, No. 187; September 24, 2024
(1) Scope. This rule establishes procedures
for the department to settle enforcement actions in child support cases by
entering into written agreements with support obligors for the payment of
past-due support. The department may enter into such written agreements in
accordance with this rule.
(2)
Definitions.
(a) "Authorized representative"
means a representative of the department's Child Support Enforcement Program
authorized to complete and sign a written agreement.
(b) "Past-due support" means the amount of
support determined under a support order established under state law for
support and maintenance of a child, or of a child and the parent with whom the
child is living, which has not been paid.
(c) "Written agreement" or "payment
agreement" means an agreement entered into by the Department and an obligor
that sets the terms for payment of past-due support.
(3) Requirements for Entering into Written
Agreements for Payment of Past-Due Support.
(a) The department may enter into an
agreement with an obligor for payment of past-due support if, after considering
the factors in paragraph (b), the department agrees that the obligor is
currently unable to satisfy the past-due support by an immediate lump sum
payment in full.
(b) The department
shall consider the following factors in determining whether to enter into an
agreement for payment of past due support, and shall require documentation when
necessary:
1. The obligor's current income and
assets,
2. The obligor's employment
history, current employment and capacity for work,
3. The obligor's medically verifiable
disability, if any,
4. The
obligor's ability to borrow money,
5. The obligor's support payment history,
6. The obligor's ability to meet a
payment schedule based on projected cash flow; and,
7. The length of time required to pay off the
past-due support under a payment schedule.
The department may consider other factors and circumstances
based on the particular facts of a case.
(c) The department may renegotiate a written
agreement for payment of past-due support. When renegotiating, the department
shall consider the obligor's support payment history during the term of the
initial agreement, and the factors in paragraph (b), above.
(4) Form and Completion of Written
Agreements.
(a) The Department uses the
Payment Agreement for Past-Due Support (CS-EF91) form to enter into a written
agreement with an obligor. Form CS-EF91, (
http://www.flrules.org/Gateway/reference.asp?No=Ref-15852),
is incorporated herein by reference effective 09/23.
(b) A written agreement becomes effective
when completed and signed by both the Department and the obligor, or the
obligor's representative. After execution of a written agreement, the
Department provides the obligor, or the obligor's representative a copy of the
agreement.
Rulemaking Authority
409.2557(3)(f),
409.2564(13)
FS. Law Implemented 409.2561(1), (2)(b),
(3),
409.2564(4),
409.2598
FS.
New 3-6-02, Amended 10-26-22,
9-14-23.
