Posted by Nydia Streets of Streets Law in Florida Child Support
Child support proceedings in Florida can be initiated on a parent’s behalf by the Department of Revenue. This usually happens when a parent requests the Department of Revenue’s assistance or the parent begins receiving public assistance benefits. When a parent receives public benefits, he or she may assign to the Department of Revenue the right to seek child support from the other parent. But what happens when the parent receiving the benefits refuses to participate in the child support proceeding or otherwise cooperate? This was an issue in the case State of Florida Department of Revenue v. Taylor, 3D19-2092 (Fla 3d DCA September 30, 2020).
The mother in the case was a recipient of public assistance. The Department of Revenue (DOR) filed a petition for child support against the father. When the mother refused to cooperate in the proceeding by, for example, providing her financial information, DOR filed an affidavit attesting to the mother’s financial information as is permitted by Florida Statute 61.30(15). When the mother did not appear at the hearing to establish child support, the lower court denied the petition for support. DOR appealed.
Citing the standard of review for a lower court’s denial of an award of child support as “abuse of discretion”, the appellate court reversed the trial court’s ruling. The appellate court agreed with DOR that the mother’s presence was not necessary and held “The Department has the authority, among other things, to establish paternity or support obligations and to seek modification and collection of support obligations. See § 409.2557(2), Fla. Stat. (2019). Further, the Department may maintain any support action on behalf of the parent seeking support as an assignee-subrogee.”
If you are involved in a proceeding to establish child support, contact a Miami child support lawyer for help. A consultation can help you understand how the law may apply to your case.