Florida Administrative Code
12 - DEPARTMENT OF REVENUE
12E - Child Support Program
Chapter 12E-1 - CHILD SUPPORT PROGRAM
Section 12E-1.039 - Request for Services

Universal Citation: FL Admin Code R 12E-1.039

Current through Reg. 50, No. 187; September 24, 2024

(1) Definitions. For purposes of this rule:

(a) "Public assistance recipient" means a person receiving temporary cash assistance under Section 414.095, F.S., Medicaid under Section 409.963, F.S., or food assistance under Section 414.31, F.S.

(b) "Alleged father" means "putative father" as defined by Section 409.256(1)(g), F.S., which is an individual who is or may be the biological father of a child whose paternity has not been established and whose mother was unmarried when the child was conceived and born.

(2) Services Provided. The Department establishes paternity; establishes, modifies, enforces, collects, and disburses support. The Department will initiate location activities to obtain address, asset, employment, health insurance, and personal identifying information in order to provide services.

(3) Eligibility.

(a) A parent, caregiver, or alleged father who has a need for services regarding a dependent child may apply for services.

(b) A public assistance recipient receiving temporary cash assistance or food assistance does not need to apply for services. A case is created automatically upon receipt of a referral from the Florida Department of Children and Families.

(c) A public assistance recipient receiving only Medicaid benefits must apply for services. A case is not automatically created.

(d) A former recipient of public assistance or child support services whose case has been closed and who wants the Department to resume services must complete an application.

(e) The Department provides services at the request of other states Title IV-D agencies, child support agencies from countries with which the State of Florida has a reciprocal agreement regarding child support, and to child support agencies or the equivalent in countries that have signed The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance.

(f) The Department does not provide services to a minor child seeking to collect support from a parent.

(g) The Department does not provide services to an adult seeking to collect support from a parent for the time during which the adult seeking to collect support was a dependent.

(4) Application.

(a) To apply for services, an individual who does not receive temporary cash assistance or food assistance must submit a signed and complete electronic or paper application. The Department will obtain information concerning parents and children including: name, address, date of birth, Social Security Number, employment, health insurance, military service, and other relevant information necessary to provide child support services.
1. An individual may submit the Online Application for Child Support Services form CS-ES51b through the Department's Internet website at www.floridarevenue.com. Form CS-ES51b, (http://www.flrules.org/Gateway/reference.asp?No=Ref-08649), is incorporated herein by reference effective 09/19/2017. The Department will send an electronic confirmation message to the applicant once the application is processed and the case has been opened.

2. A hardcopy application may be obtained by calling 1(850)488-KIDS (5437) or contacting a child support local office. Local child support office information is provided on the Department's website www.floridarevenue.com.
a. Upon request, the Department will provide an individual who requests services with Forms CS-ES51 and CS-ES50. Form CS-ES51, Application for Child Support Services, is hereby incorporated by reference effective 09/23, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15871). Form CS-ES50, Application Instructions, is hereby incorporated by reference effective 12/21, (http://www.flrules.org/Gateway/reference.asp?No=Ref-13864). The applicant must complete and submit the CS-ES51 form provided.

b. When an applicant requests services for more than one child, the Department will provide the applicant a Child Information, Form CS-ES51ACI, for each additional child. Form CS-ES51ACI, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15872), is incorporated herein by reference, effective 09/23. The applicant must complete and submit the CS-ES51ACI form(s) provided.

c. When there is more than one alleged father, the Department will provide the applicant a separate Other Parent Information, Form CS-ES52, for each alleged father. Form CS-ES52, (http://www.flrules.org/Gateway/reference.asp?No=Ref-13867), is incorporated herein by reference, effective 12/21. The applicant must complete and submit the CS-ES52 form(s) provided.

d. When the applicant is applying for services for more than one child with different fathers, the applicant will be required to submit a separate application for each child and father.

(5) Supporting documents; additional requirements.

(a) An individual who applies for services under subsection (4) or who receives public assistance must:
1. Provide the Department all information necessary to process the request for services.

2. Provide the Department copies of all supporting documents, including: Final Judgment of Dissolution of Marriage, support order, birth certificate of child(ren) not born in Florida, paternity judgment, payment record, or written agreement between the applicant or public assistance recipient and the other parent concerning paternity, support, and parenting time, and other relevant documents necessary to provide child support services.

3. Provide a paternity declaration for each child who does not have a legal father.
a. The Department uses the Paternity Declaration, Form CS-PO34, for the mother and provides the form to each parent with the Application for Child Support Services. Form CS-PO34, (http://www.flrules.org/Gateway/reference.asp?No=Ref-13863), is incorporated herein by reference, effective 12/21.

b. The Department uses the Paternity Statement by Non-Parent, Form CS-PO102, for the non-parent caregiver. Form CS-PO102, (http://www.flrules.org/Gateway/reference.asp?No=Ref-08655), is incorporated herein by reference effective 09/19/2017.

c. The Department uses the Paternity Statement by Alleged Father, Form CS-PO103 for the alleged father. Form CS-PO103, (http://www.flrules.org/Gateway/reference.asp?No=Ref-12350), is incorporated herein by reference effective 11/20.

4. Provide a separate completed Father/Alleged Father Information form (CS-ES119) for each alleged father named on the paternity declaration. Form CS-ES119, (http://www.flrules.org/Gateway/reference.asp?No=Ref-13868), is hereby incorporated by reference, effective 12/21.

5. Provide the Department proof of health insurance if the child(ren) is insured.

6. Inform the Department of any changes in information for himself or herself, the child(ren) or other parent(s). This includes addresses, employment, phone numbers, and where the child(ren) resides.

7. Voluntarily submit to personal jurisdiction in Florida.

8. Cooperate with the Department as required by Rule 12E-1.008, F.A.C.

(6) Application and Referral Review.

(a) The Department will review applications submitted by an individual who does not receive temporary cash assistance or food assistance to determine whether the application is complete.
1. If the applicant returns some, but not all required information, or returns incomplete or inaccurate information, the Department will send the applicant Form CS-ES54, Request for More Information, by regular mail, requesting the missing, incomplete, or corrected information. Form CS-ES54, is hereby incorporated by reference, effective 09/19/2017, (http://www.flrules.org/Gateway/reference.asp?No=Ref-08657),

2. If the application is complete, the Department will send Form CS-ES55, Response to Request for Services and/or Information Request, to the applicant informing them the application was received. When additional information is required for the Department to proceed, the CS-ES55, will instruct the applicant to provide the required information within 30 days after the date of the notice. Form CS-ES55, (http://www.flrules.org/Gateway/reference.asp?No=Ref-14353), is hereby incorporated by reference, effective 07/22.

3. The Department will close the request for services case if an application is not returned or completed within 65 calendar days after the Department begins the application review.

(b) The Department will review public assistance referrals received from the Florida Department of Children and Families to determine whether additional information or documents are required to provide services.
1. The Department will send the Information Needed to Provide Services, Form CS-ES56, to the public assistance recipient informing them a request to open a child support case was received and additional information is required for the Department to proceed. Form CS-ES56, (http://www.flrules.org/Gateway/reference.asp?No=Ref-14354), is hereby incorporated by reference, effective 07/22.

2. The Department will provide the public assistance recipient Form CS-ES51ACI, Child Information, if there is more than one child in the household. The public assistance recipient must complete and submit the CS-ES51ACI form(s) provided.

3. The Department will notify the Department of Children and Family Services in accordance with Section 409.2572, F.S., if the public assistance recipient fails to provide all required information.

Rulemaking Authority 409.2557(3)(h), (i) FS. Law Implemented 409.2567 FS.

New 9-19-17, Amended 8-28-19, 11-12-20, 11-21-21, 6-9-22, 9-14-23.

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