Posted by Nydia Streets of Streets Law in Florida Child Support
An administrative child support order entered in Florida may be modified or superseded by a circuit court order. This means that if a parent involved in an administrative proceeding files a petition to supersede or modify the administrative order, the circuit court can order provisions that prospectively modify the order. However, can the circuit court order cancel the provisions of the administrative order? This was an issue in the case State of Florida v. Delva, 3D23-1036 (Fla. 3d DCA November 29, 2023).
In this case, the circuit court entered an order which quashed an administrative child support order in which the father was ordered to pay child support for three children. The Department of Revenue appealed. The appellate court reversed holding “It is axiomatic that the circuit court is authorized to prospectively modify child support administrative child support obligations. § 409.2563(10)(c), Fla. Stat. It is equally well-settled, however, that the ‘circuit court lacks jurisdiction to vacate or retroactively affect an administrative child support order.’ [internal citations omitted].” The court concluded “Here, in quashing the administrative order rather than entering a superseding order directed at prospective duties, the trial court effectively nullified the father’s unpaid support obligation. Accordingly, we are constrained to reverse and remand for further proceedings.”
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