Posted by Nydia Streets of Streets Law in Florida Child Support
When the Department of Revenue (DOR) is involved in a Florida child support case, can the parties privately resolve their child support dispute without involving DOR? Sometimes, DOR is owed retroactive support due to the obligee parent receiving public benefits, so it may not always be possible to leave DOR out of agreements or other resolutions. This was an issue in the case DOR v. Serwe, 6D2025-0892 (Fla. 6th DCA October 3, 2025).
The parties were divorced by final judgment which stated the mother was to pay child support directly to the father. DOR filed a notice indicating that it was providing services in the case and that payments would be made to the State Disbursement Unit. DOR also filed a motion for contempt against the mother which was granted, but the trial court struck the notice, holding DOR did not file an appropriate pleading to change the way child support payments were made. DOR filed a petition for writ of certiorari with the appellate court.
The appellate court first noted “[Certiorari] relief is not available since the order states that it is a ‘Final Order’ and purports to end judicial labor as to the contempt proceeding and DOR’s notice. See Fla. R. App. P. 9.030(b)(2)(A) (‘The certiorari jurisdiction of district courts of appeal may be sought to review . . . nonfinal orders of lower tribunals other than as prescribed by rule 9.130 . . . .’) (emphasis added). Therefore, pursuant to rule 9.040(c) and DOR’s request that we treat the certiorari petition as an appeal should we determine certiorari relief is unavailable, we treat the petition as a direct appeal from a final order.”
Turning to the issue on appeal, the appellate court found it was error for the trial court to strike DOR’s notice, but nonetheless affirmed because “Although striking DOR’s notice and requiring the mother to continue to make child support directly to the father was error, the record before us does not demonstrate that DOR filed a motion to vacate the order under Florida Family Law Rule of Procedure 12.490(e)(3). As set forth in Roblero v. Velasquez, 414 So. 3d 463, 463-64 (Fla. 3d DCA 2025), and Fluhart v. Rasmussen, 383 So. 3d 889, 890 (Fla. 5th DCA 2024), the failure to file a motion to vacate the recommended report adopted by the trial court results in a failure to preserve the claimed error for appellate review. Accordingly, we are constrained to affirm.”
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