Posted by Nydia Streets of Streets Law in Florida Child Support
In a Florida administrative child support proceeding, the parties usually submit evidence of income by mail and proceedings are handled without a court hearing. What happens if the evidence submitted is ignored? This was an issue in Perez v. DOR, 3D23-1820 (Fla. 3d DCA January 24, 2024).
In this administrative child support case, the mother sought modification of child support based on a change in circumstances. The father submitted proof of his current income, including indication that he was laid off and receiving unemployment for a period of time. Despite this, the Department of Revenue (DOR) relied on the father’s prior income to establish a modified child support amount. The father appealed.
The appellate court reversed and commended DOR’s confession of error. The court held “We agree that the child support guideline calculations contained in the order on appeal are not supported by competent substantial evidence. Among other infirmities, the order on appeal purports to rely upon Perez’s income from 2022, despite record evidence of Perez’s current income. It appears from the record that Perez had provided the Department with documentation of his earnings in 2023, including evidence that he became unemployed and was to receive unemployment in July of 2023.”
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