Field Notes on the Establishment of Administrative Child Support

In simple terms, just like Tolstoy said all happy families are the same, but each unhappy family is unhappy in its own way, the same can be said for child support cases. There are a lot of different opinions and disagreements when it comes to child support. In Florida, parents can go to court or the Department of Revenue (DOR) to establish or change child support. DOR can issue a final administrative support order if there is no court order. DOR can also help establish paternity and child support, even if the parent isn’t the primary caregiver. The amount of child support is determined by the parent’s income and the number of nights the child spends with each parent. If a parent disagrees with the child support amount, they can request a hearing. DOR is committed to making sure child support orders are fair and realistic for the parents’ financial situations. In cases involving child support, it’s important that both parents are given notice and have a chance to speak up. In one case, the mother wasn’t given the opportunity to object to a decision that she should pay child support, so the court reversed that part of the decision. The court also found that only one person can be responsible for paying child support in an administrative case. This helps to make sure that children are taken care of and that the process is fair and efficient. The law says that a temporary support order cannot be issued by a judge because it marks the end of the court’s authority. This is because child support cases have to be resolved quickly, usually within a day, and a federal grant for temporary assistance to needy families depends on the state having a child support enforcement program. The program helps with paternity, establishing, modifying, and enforcing child support. Not cooperating with the program can result in losing benefits. This is all based on Florida laws and statutes that determine the amount of child support that should be paid. The outcomes for child support can vary a lot depending on the circumstances. The court can consider things like how much the parents make and how much time they spend with the child when deciding how much child support should be paid. There are also different rules for the Department of Revenue and the court when it comes to making these decisions. The federal and state laws say that child support orders should be changed if it’s best for the child. If the father can’t afford to pay, the order should be changed so the child still gets enough support. The father has to ask for a change in writing within a certain time, and if he doesn’t, DOR can file a petition in court to change the order. When establishing child support, the Department of Revenue can go back up to 24 months to determine retroactive support. They can get information about a parent’s earnings from their employer, and if there’s not enough info, they can assume the parent makes at least federal minimum wage. If there’s evidence the parent actually makes more, that can be used instead. A trial court can’t change child support payments without notice or a request from one of the parents. The law also says both parents can be ordered to pay support, but that’s decided by a judge, not a different legal official. There are specific rules for changing who gets the support payments, and those rules need to be followed. This information comes from a judge who works for the Division of Administrative Hearings. “To teach lawyers about doing their job well, helping the community, and making laws better.”

Source: https://www.floridabar.org/the-florida-bar-journal/field-notes-on-the-establishment-of-administrative-child-support/