Posted by Nydia Streets of Streets Law in Florida Child Support
How can a parent obtain child support in Florida? The filing of a petition for child support is sufficient in most cases, and can be done independently by the parent or through the State of Florida if the parent has applied for child support services through the Department of Revenue. Dismissal of a petition for child support was an issue in the case Spann v. Payne, 1D2022-3195 (Fla. 1st DCA December 13, 2023).
This appellate opinion does not include much factual background other than a statement that the trial court dismissed the father’s petition which in part sought child support. The trial court ruled the issue of child support was not properly before the court, and the father appealed.
The appellate court reversed, holding “Section 61.13, Florida Statutes, governs the procedures for establishing child support through the circuit court. The ‘court may at any time order either or both parents who owe a duty of support to a child to pay support to the other parent.’ § 61.13(1)(a), Fla. Stat. Trial courts are afforded broad discretion when determining child support, and retroactive support can be imposed ‘as equity requires.’ See § 61.14(1)(a), Fla. Stat. [The father] therefore properly invoked the jurisdiction of the court in seeking child support.”
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