Florida Administrative Code
12 - DEPARTMENT OF REVENUE
12E - Child Support Program
Chapter 12E-1 - CHILD SUPPORT PROGRAM
Section 12E-1.030 - Administrative Establishment of Child Support Obligations
Universal Citation: FL Admin Code R 12E-1.030
Current through Reg. 50, No. 187; September 24, 2024
(1) Introduction. Section 409.2563, F.S., authorizes the Department to administratively establish child support obligations when it is providing services under Title IV-D of the Social Security Act.
(2) Definitions. For purposes of this rule:
(a) "Address of record" means the address to
which all administrative proposed orders, final orders, and other notices are
mailed. The address of record is established as the active mailing or
residential address maintained for the party by the Department that is listed
on the initial notice that is served on the respondent. If the party provides a
new address in writing after service of the initial notice, the new address is
designated the address of record and all subsequent documents associated with
the administrative proceeding action will be mailed to that address.
(b) "Administrative Support Order, " as
defined by Section 409.2563(1)(a)
F.S., is also referred to as "Final Administrative Support Order, " or "Final
Order" and may include payment of noncovered medical expenses.
(c) "Amended Proposed Administrative Support
Order, " or "Amended Proposed Order" is a modified Proposed Order issued by the
Department to correct an error or reflect new information that changes the
terms of the original or subsequent Proposed Order.
(d) "Emancipated" means the status of a minor
child who has become an adult on reaching 18 years of age, by order of the
court, by marriage, or by other means provided by law.
(e) "Income deduction order" means an
administrative final order rendered by the Department directing an employer or
other payor of income to deduct support payments from the income of a parent
who is ordered to pay support.
(f)
"Legal services provider" means a program attorney as defined in Section
409.2554(9),
F.S.
(g) "Long-arm jurisdiction"
refers to the conditions listed in Sections
48.193(1)(a)
and 88.2011, F.S., that allow the
Department to assert personal jurisdiction over a respondent who does not
reside in Florida.
(h) "Notice of
Proceeding to Establish an Administrative Support Order, " or "Initial Notice"
means the notice served on the respondent that states the Department has
started a proceeding to establish an administrative support order.
(i) "Petitioner, " or "petitioning parent"
means the parent or caregiver with whom the child resides.
(j) "Public assistance" means temporary cash
assistance, food assistance, Medicaid, or any combination thereof.
(k) "Respondent" means the parent from whom
the Department is seeking support.
(3) Case Selection Criteria.
(a) As allowed by Section
409.2563
(2)(c), F.S., the Department is authorized to
establish a support obligation administratively.
(b) The Department does not establish an
administrative support obligation when:
1.
The child is in foster care,
2.
There is a court order of support for a payee with whom the child no longer
resides,
3. The Department does not
have an active residential or mailing address for the respondent,
4. There is a court order that only addresses
health care insurance or noncovered medical expenses,
5. There is a court order that establishes an
ongoing support obligation, a retroactive support amount, or reserves
jurisdiction to establish a support obligation,
6. In accordance with Section
409.2579(4),
F.S., the Department has reason to believe that the disclosure of information
on the whereabouts of one party or the child to another person may result in
physical or emotional harm to the party or the child,
7. Either parent is a minor, or
8. The respondent does not reside in Florida
and long-arm jurisdiction is not applicable.
(4) Obtaining Cooperation from the Petitioner.
(a) If a case is eligible for
establishment of an administrative support order the Department must obtain
cooperation from the petitioner before serving notice on the respondent. To
obtain cooperation, the Department mails the petitioner Form CS-ES96, Request
for Information Administrative Support Action, incorporated herein by
reference, effective 11/20, (http://www.flrules.org/Gateway/reference.asp?No=Ref-12344);
the Financial Affidavit Administrative Proceeding (CS-OA11); the Parent
Information Form (CS-OA12); and the Title IV-D Standard Parenting Time Plan
(CS-OA250), except as provided by paragraph (6)(a). Forms CS-OA11 and CS-OA12
are incorporated by reference in Rule
12E-1.036, F.A.C. Form CS-OA250
is available at
www.floridarevenue.com/childsupport/parenting_time_plans.
The petitioner has 20 days after the mailing date of the forms to complete and
return them. If the action was requested by another state's Title IV-D agency,
the petitioner has 45 days after the mailing date of the forms to complete and
return them.
(b) If the petitioner
returns the forms timely, the Department shall proceed to serve the respondent
with an Initial Notice as described in subsection (5) below.
(c) If the forms are not returned timely, the
Department shall initiate case closure for petitioners not receiving public
assistance. For petitioners receiving Medicaid or food assistance, the
Department shall report noncooperation to the Department of Children and
Families as required by section
409.2572 F.S., and initiate case
closure. If the petitioner is receiving temporary cash assistance for the
child, the Department shall prepare a financial affidavit for the petitioner as
authorized by Section
61.30(15)
F.S.
(5) Initial Notice.
(a) The Department uses Form CS-OA01, Notice
of Proceeding to Establish Administrative Support Order (incorporated by
reference in Rule 12E-1.036, F.A.C.), to inform
the respondent that the Department has initiated an administrative proceeding
to establish a support obligation. This notice is referred to as the "Initial
Notice."
1. Along with the Initial Notice,
the Department shall provide the respondent with the following documents:
a. Financial Affidavit Administrative Support
Proceeding (CS-OA11),
b. Parent
Information Form Administrative Support Proceeding (CS-OA12); and,
c. Title IV-D Standard Parenting Time Plan
(CS-OA250), except as provided by paragraph (6)(a).
2. The Department shall mail the petitioner a
copy of the Initial Notice provided to the respondent, along with Form CS-OA06,
Notice to Parent or Caregiver of Administrative Proceeding (incorporated by
reference in Rule 12E-1.036,
F.A.C.).
(b) The
Department is authorized to serve the Initial Notice as provided by Section
409.2563(4),
F.S. The Department considers the Initial Notice to be properly served if:
1. Someone other than the respondent signs
the certified mail receipt and the Department confirms with the respondent by
telephone or in-person that the respondent received the Initial Notice,
2. The signature on the certified
mail receipt is illegible, but the Department confirms it is the respondent's
by comparing it to another source such as Department of Highway Safety and
Motor Vehicles DAVID database, or the Department confirms with the respondent
by telephone or in-person that the respondent received the Initial Notice,
or
3. The Department does not
receive confirmation of receipt, but the respondent returns the financial
affidavit or other information in response to the Initial Notice. Service is
complete if the respondent submits anything in writing that shows the
respondent received the Initial Notice.
(6) Title IV-D Standard Parenting Time Plan.
(a) The Department will provide a Title IV-D
Standard Parenting Time Plan, form CS-OA250, to each parent as required by
Section 409.25633, F.S., unless:
1. Florida is not the child's home
state,
2. One or both parents do
not reside in Florida,
3. Either
parent has requested nondisclosure for fear of harm from the other
parent,
4. The parent who owes
support is incarcerated, or
5. The
parent owed support is a caregiver.
(b) If both parents agree to, sign, and
return a parenting time plan to the Department before an administrative Final
Order is entered, the parenting time plan will be incorporated into the Final
Order. Both parents do not need to sign the same form. If the parents have a
judicially established parenting time plan, the plan will not be incorporated
in the administrative order.
(7) Proceeding in Circuit Court as an Alternative to the Administrative Process.
(a)
As allowed by Sections
409.2563(4)(l) and
(m), F.S., the respondent may file a support
action in circuit court and serve the Department with a copy of the petition.
The respondent must have the petition served on the Deputy Agency Clerk as
specified by the Initial Notice, within 20 days after the date the respondent
is served the Initial Notice. If the Department is served timely, the
administrative proceeding ends and the case proceeds in circuit court. If the
respondent files a petition in circuit court, but does not serve the Department
in the 20-day time frame, the Department will continue with the administrative
establishment proceeding. If the petition is served on the Department timely,
the Department will mail the petitioning parent or caregiver Form CS-OA88,
Dismissal of Administrative Proceeding (incorporated by reference in Rule
12E-1.036, F.A.C.).
(b) Respondent Asks the Department to Proceed
in Circuit Court. The respondent may ask the Department to stop the
administrative proceeding and proceed in circuit court. The respondent must
make this request in writing and the request must be received by the Department
within 20 days after being served the Initial Notice. The request from the
respondent must state that the respondent requests the Department proceed with
the determination of the support obligation in circuit court or that the
respondent states his or her intentions to address custody matters or parental
rights issues in circuit court. Oral requests are not accepted. If the
respondent files a timely request for the Department to file an action in
circuit court, the Department will send the respondent Form CS-OA247, Request
for Court Action Status Update (incorporated by reference in Rule
12E-1.036, F.A.C.). The
Department sends the petitioning parent Form CS-OA248, Notice of Court Action
Financial Affidavit Needed for Court (incorporated by reference in Rule
12E-1.036, F.A.C.). The
Department then sends the petitioning parent Form CS-PO31, Family Law Financial
Affidavit (incorporated by reference, in Rule
12E-1.036, F.A.C.). When the
petitioning parent returns the CS-PO31, the Department will file a petition
with the clerk of court to determine the support obligation and obtain a civil
case number. If the petitioning parent does not return the CS-PO31, the
Department shall initiate case closure if the petitioning parent is not
receiving public assistance. If the petitioning parent is receiving Medicaid or
food assistance, the Department shall report noncooperation to the Department
of Children and Families as required by Section
409.2572, F.S., and initiate
case closure. If the petitioning parent is receiving temporary cash assistance
for the child, the Department shall prepare a financial affidavit for the other
parent as authorized by Section
61.30(15),
F.S.
(c) When the Department
receives a stamped copy of the petition back from the clerk, it sends a copy of
the petition to the respondent by certified mail, return receipt requested.
Along with the copy of the petition, the Department sends Form CS-OA18, Notice
of Commencement of Action and Request for Waiver of Service of Process
Administrative Paternity Proceeding (incorporated by reference in Rule
12E-1.036, F.A.C.). The
Department also sends two copies of Form CS-OA19, Waiver of Service of Process
(incorporated by reference in Rule
12E-1.036, F.A.C.). If the
respondent is represented by an attorney, the Department sends the packet of
forms and petition to the respondent's attorney. The respondent has 10 days
from the receipt of these forms to sign and complete one copy of the CS-OA19
and return it to the Department. If the Department does not receive the signed
completed CS-OA19 within 10 days, it proceeds with the establishment of the
support obligation administratively. The Department will also file a voluntary
dismissal of the civil case with the clerk of court and mail a copy of the
voluntary dismissal to the respondent. If the respondent completes and returns
the CS-OA19 within 10 days, the Department sends the petitioner the Dismissal
of Administrative Proceeding CS-OA88 form. The Department will then end the
administrative proceeding and proceed in circuit court.
(8) Proposed Administrative Support Order.
(a) After the Department serves the
respondent with the Initial Notice in accordance with paragraph (5)(b), no
sooner than 20 days after service, the Department shall calculate the
respondent's support obligation using the child support guidelines in Section
61.30, F.S. If the respondent
does not provide financial information within the time required by Sections
409.2563(13)(a) and
(b), F.S., the Department shall impute income
as provided by Section
61.30(2)(b) or
409.2563(5),
F.S., as applicable.
(b)
Calculation of the respondent's retroactive support obligation shall be in
accordance with Section
61.30(17), F.S.
Retroactive support shall be addressed in an initial determination of child
support.
(c) The Department shall
prepare Form CS-OA20, Proposed Administrative Paternity and Support Order
(incorporated by reference in Rule
12E-1.036, F.A.C.), which for
purposes of this rule is entitled Proposed Administrative Support Order, that
establishes the terms of the support obligation and includes, at a minimum, all
elements contained in Section
409.2563(7)(e),
F.S. The Department shall mail the Proposed Order to the respondent by regular
mail to the respondent's address of record. The Proposed Order shall include a
notice of rights that informs the respondent of the right to an informal
discussion with the Department, the right to a formal administrative hearing,
and the right to consent to the entry of an Administrative Support Order.
Copies of the child support guidelines worksheet prepared by the Department and
the financial affidavit submitted by the other parent are mailed with the
Proposed Order. The Department shall provide a copy of the Proposed Order and
its attachments to the petitioner at the petitioner's address of
record.
(d) The Proposed Order must
include an explanation of any deviations from the guidelines the Department
considered when calculating the support obligation and any retroactive support
owed.
(e) Except as provided by
paragraph (6)(a), a blank Title IV-D Standard Parenting Time Plan is included
with Form CS-OA20 when the parents do not provide a parenting time plan of
their own or do not agree to the Title IV-D Standard Parenting Time
Plan.
(f) If additional facts or
information become available to the Department that materially changes the
Proposed Order, the Department shall prepare an amended Proposed Administrative
Paternity and Support Order, using Form CS-OA20 (from now on referred to as the
Amended Proposed Order). An Amended Proposed Order shall include guideline
worksheets to explain the changes and the requirements established in Section
409.2563(5)(a),
F.S. The Department does not amend the Proposed Order if the additional facts
or information become available after the respondent has requested an
administrative hearing. Any additional facts or information are addressed at
the hearing.
(9) Informal Discussions.
(a) The respondent may ask the
Department to informally discuss the proposed order as authorized by Section
409.2563(5)(c)5., F.S.
(b) If the
respondent asks for an informal discussion within 10 days of the date the
Department mailed the Proposed Order, the Department shall extend the time
limit for the respondent to request a hearing. The Department shall extend the
time limit to 10 days from the date the Department notifies the respondent the
informal discussions have ended. The Department will use Form CS-OA32, Notice
of Conclusion of Informal Discussion Administrative Paternity Proceeding
(incorporated by reference in Rule
12E-1.036, F.A.C.), to inform
the respondent the informal discussions have ended. The deadline for asking for
an administrative hearing will not occur before 20 days from the date the
Department mailed the Proposed Order to the respondent regardless of when the
informal discussions have ended.
(c) The respondent may contact the Department
to discuss the case at any time, however, contact outside the time frame
referenced in paragraph (9)(b), does not extend the time to request a hearing.
If the respondent asks the Department for an informal discussion outside of the
time frame referenced above, the Department shall send the respondent Form
CS-OA35, Notice of Late Request for Informal Discussion Administrative
Proceeding (incorporated by reference in Rule
12E-1.036, F.A.C.), and inform
the respondent that the Department will discuss the Proposed Order with the
respondent, but will not extend the time to request an administrative
hearing.
(d) The following types of
contact do not constitute a request for informal discussion:
1. The respondent has general questions about
the Department's Child Support Program or the respondent's case,
2. The respondent's questions do not affect
the terms of the Proposed Order,
3.
The respondent's questions are answered during a customer contact, or
4. The respondent provides new information
but does not include a request for informal discussion.
(e) If the respondent does not appear for an
appointment or reschedule a missed appointment to discuss the Proposed Order,
the time to request an administrative hearing is not extended.
(f) At the end of the informal discussion,
the Department shall mail the respondent Form CS-OA32, Notice of Conclusion of
Informal Discussion Administrative Paternity Proceeding.
(10) Request for Administrative Hearing.
(a) To request an administrative hearing, the
respondent must submit a written request to the Department's Deputy Agency
Clerk at the address provided in the Proposed Order.
(b) The Department must receive the request
for an administrative hearing no later than 20 days after the mailing date of
the Proposed Order. If the respondent requests and is granted an informal
discussion, the deadline for seeking an administrative hearing is 10 days from
the date the Department informs the respondent the informal discussion ended
using the Notice of Conclusion of Informal Discussion Administrative Paternity
Proceeding (Form CS-OA32).
(c) The
Department acknowledges all timely hearing requests received by the Deputy
Agency Clerk using Form CS-OA55, Acknowledgment of Hearing Request
Administrative Proceeding (incorporated by reference in Rule
12E-1.036, F.A.C.).
(d) If the request is received timely, the
Department sends the request to the Florida Division of Administrative
Hearings. The Division of Administrative Hearings notifies the Department,
respondent, and petitioner in writing of the date, time, and place of the
hearing.
(e) If the Department
receives an untimely request for an administrative hearing, the Department
denies the request and sends the respondent the Acknowledgment of Hearing
Request Administrative Proceeding (Form CS-OA55). This form notifies the
respondent that the request was not timely and the Department will proceed
without a hearing.
(f) If the
Department determines that an administrative hearing is appropriate, it may
refer the proceeding to the Division of Administrative Hearings without issuing
a Proposed Administrative Support Order. The Department may ask for an
administrative hearing and the Division of Administrative Hearings shall
conduct an administrative hearing to determine the support obligation when:
1. The Department is not able to determine
the income of the respondent, or
2.
The amount of income claimed by one party is disputed by the other
party.
(11) Final Administrative Support Orders. The Department uses Form CS-OA40, Final Administrative Paternity and Support Order (incorporated by reference in Rule 12E-1.036, F.A.C.) to establish the support obligation. Section 409.2563(7)(e), F.S., sets the requirement for the Final Administrative Support Order and the minimum requirements for the content of the order. In addition to the Final Administrative Support Order, the Department enters an Income Deduction Order as part of the Final Administrative Support Order. The respondent is responsible for making the ordered payments to the State Disbursement Unit until the income deduction begins. Once rendered, a Final Administrative Support Order has the same force and effect as a court order and it remains in effect until the Department modifies it, or it is vacated as described in subsection (17), or it is superseded by a court order. If an administrative hearing is held, the administrative law judge shall issue an administrative support order, or a final order denying an administrative support order. If both parents agree to, sign, and return a parenting time plan to the Department before an administrative Final Order is entered, the parenting time plan will be incorporated into the Final Order. If a parenting time plan is not incorporated into the Final Order, the Department will provide each parent a blank Petition to Establish a Parenting Time Plan, except as provided by paragraph (6)(a). The Petition to Establish a Parenting Time Plan is available at www.floridarevenue.com/childsupport/parenting_time_plans.
(12) A respondent may consent to the entry of a final order any time after the receipt of the Initial Notice. To do this, the respondent must complete and return Form CS-PO384, Waiver of Opt-Out Administrative Proceeding (incorporated by reference in rule 12E-1.036, F.A.C.), after the respondent receives the Initial Notice Packet. If the respondent returns the Waiver of Opt-Out Administrative Proceeding, Financial Affidavit, and Parent Information Form, the Department sends the respondent Form CS-ES97, Waiver of Administrative Hearing (incorporated by reference in Rule 12E-1.036, F.A.C.). The Department also sends a copy of the Proposed Administrative Support Order discussed in subsection (8), of this rule. If the respondent completes and returns the CS-ES97, the Department need not wait 27 days from sending the Proposed Order to complete and render a Final Administrative Paternity and Support Order, CS-OA40. If the respondent does not return the CS-ES97, the Department waits at least 27 days after sending the Proposed Order before completing a Final Administrative Paternity and Support Order.
(13) Judicial Enforcement of Administrative Support Order. The Department may initiate judicial enforcement of an administrative support order by filing a petition for enforcement of administrative support order in circuit court. To do this, the Department must serve the respondent with a summons and a copy of the petition. If the circuit court issues an order enforcing the administrative support order, and the respondent does not comply, the Department may initiate contempt proceedings for violation of the court order.
(14) Modifying an Administrative Support Order.
(a) The Department files a petition in
circuit court for a superseding order when support for an additional child of
the same parents needs to be established or a child needs to be removed from
the order.
(b) A parent or
caregiver may request orally or in writing that the Department review an
administrative support order in accordance with Rule
12E-1.041, F.A.C.
(c) The Department notifies the parents or
caregiver, as applicable, when it begins a proceeding to modify an
administrative support order issued by the Department.
1. The Department uses a Proposed Order to
Modify Administrative Support Order (Form CS-OA120R), hereby incorporated by
reference, effective 09/23, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15857),
when a support order review indicates modification is appropriate. If the party
who does not request the review responds to the Department during the review,
the Department sends the proposed order by regular mail to both parties at
their addresses of record. If the non-requesting party does not participate in
the support order review, the Department attempts to serve the proposed order
on the non-requesting party by certified mail or personal service. If the party
is not served by certified mail or personal service, the Department sends the
non-requesting party the proposed order by regular mail to the non-requesting
party's address of record. If the proposed order is not contested by either
party within 30 days after service by certified mail or personal service, or 35
days after the notice is sent by regular mail, the Department prepares and
renders a Final Modified Administrative Support Order (Form CS-OA140R), hereby
incorporated by reference, effective 09/23, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15858).
Under Section 409.2563(13)(c),
F.S., a party to an administrative proceeding has a continuing duty to provide
the Department with a current mailing address after being served with an
initial notice under paragraph (5)(b) of this rule, and the party is presumed
to receive a subsequent notice, proposed order or other document mailed to the
party's address of record including a proposed order to modify
support.
2. The Proposed Order to
Modify Administrative Support Order includes the same notices as specified in
subsection (8) of this rule.
3.
Except as provided by paragraph (6)(a), a blank Title IV-D Standard Parenting
Time Plan is included with Form CS-OA120R and CS-OA140R when the parents do not
provide a parenting time plan of their own or do not agree to a Title IV-D
Standard Parenting Time Plan. If a parenting time plan is not incorporated into
the Final Modified Administrative Order, the Department will provide each
parent a blank Petition to Establish a Parenting Time Plan, except as provided
by paragraph (6)(a). The Petition to Establish a Parenting Time Plan is
available at
www.floridarevenue.com/childsupport/parenting_time_plans."
(15) Termination of an Administrative Support Order or Support Obligation.
(a) The
Department issues a Notice of Intent to Terminate Support, Determine Arrears
and Establish Payment on Arrears (CS-OA160) when:
1. The parents reside together with the
child(ren);
2. The child(ren) for
whom support is ordered permanently resides with the parent who is ordered to
pay support;
3. The child(ren) for
whom support is ordered permanently resides with a person other than the parent
to whom support is owed or the parent who is ordered to pay support and that
person is unknown, not responsive to the Department, or does not want the
Department's services.
4. The
parent who is ordered to pay support begins receiving Supplemental Security
Income (SSI) after the support order is rendered;
5. The parent who is ordered to pay support
has no income, is permanently disabled, and provides a doctor's statement that
the parent is permanently disabled and unable to work; or
6. A court has terminated the parental rights
of the parent who is ordered to pay support.
(b) The Department sends the notice by
regular mail to each parent or caregiver, as applicable, at the address of
record with the Department in accordance with Section
409.2563(13)(c),
F.S. Form CS-OA160, Notice of Intent to Terminate Support, Determine Arrears
and Establish Payment on Arrears, is hereby incorporated by reference,
effective 09/23, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15859).
(c) If a timely petition for an
administrative hearing is filed with the Department in response to the notice,
the Department refers the proceeding to the Division of Administrative Hearings
in accordance with Section
409.2563(6),
F.S. If the notice is not contested, the Department renders a Final Order
Terminating Support, Determining Arrears and Establishing Payment on Arrears
(CS-OA178). Form CS-OA178 is hereby incorporated by reference, effective 09/23,
(http://www.flrules.org/Gateway/reference.asp?No=Ref-15860).
(d) The Department terminates an
administrative support order under paragraph (a) when retroactive support or
past-due support is not owed, or if retroactive support or past-due support are
owed, none is assigned to the state, and the parent to whom retroactive support
or past-due support is owed waives it in writing, except when a parenting time
plan is incorporated into a final administrative support order.
(e) The Department terminates the support
obligation prospectively, determines arrears and establishes payment on arrears
when there are grounds for termination under paragraph (a) and retroactive
support or past-due support are owed and not waived by the person to whom it is
owed. The administrative support order is not terminated.
(f) A parent or caregiver may request the
Department to terminate an administrative support order or support obligation.
Requests must made be in writing and may be made using Request to Terminate
Support (CS-OA179). Form CS-OA179 is hereby incorporated by reference,
effective 09/23, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15861).
The request must include the following information:
1. Name of the parent or caregiver making the
request;
2. Name of the other
parent;
3. Child support case
number or depository number;
4.
Name of the child(ren) named in the order;
5. Specific reasons for the request to
terminate; and,
6. Documentation
that supports the request to terminate, if any.
(g) The Department evaluates requests to
terminate an administrative support order or support obligation and issues a
Notice of Intent to Terminate Support, Determine Arrears and Establish Payment
on Arrears (CS-OA160) if the request and supporting documentation meet the
criteria in paragraph (a). If the request does not meet the criteria, the
Department mails the parent or caregiver the Response to Request to Terminate
Support (CS-OA180). Form CS-OA180 is hereby incorporated by reference,
effective 09/23, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15862).
(16) Dismissing the Administrative Support Proceeding. At any time before the entry of a Final Administrative Support Order, the Department may end the administrative proceeding and either close the case or proceed judicially. Instances when the Department will not proceed administratively include: a previous judicial support order for the children is provided by a party; the parties currently reside together as an intact family; or all the children reside with the respondent. When the Department decides to end the administrative proceeding, it will send the Dismissal of Administrative Proceeding form, CS-OA88, to the parties.
(17) Vacating Administrative Support Orders.
(a) The Department vacates an administrative
support order when the order is rendered in error resulting in a fundamental
defect, such as a lack of jurisdiction and other reasons listed in
subparagraphs 1. through 3. Case situations that require vacating the
administrative support order include:
1. The
Department becomes aware of a support order that predates the administrative
support order.
2. Information
provided to the Department by another state was in error causing Florida to
render an order when it did not have the authority.
3. The case did not meet the criteria listed
in subsection (3).
(18) Forms. Members of the public may obtain copies of the forms used in this rule chapter incorporated by reference, without cost, by writing to the Florida Department of Revenue, Mail Stop 2-4814, 5050 West Tennessee Street, Tallahassee, Florida 32399.
Rulemaking Authority 61.13(1)(b)7., 61.14(1)(d), 409.2557(3)(p), 409.2563(16), 409.25633(9) FS. Law Implemented 409.2563, 409.25633 FS.
New 9-19-17, Amended 1-17-18, 9-17-18, 8-28-19, 11-12-20, 11-21-21, 10-26-22, 9-14-23.
Disclaimer: These regulations may not be the most recent version. Florida may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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