Posted by Nydia Streets of Streets Law in Florida Child Support
If paternity is contested in a Florida child support case that is being heard by a hearing officer, can the hearing officer rule on this disputed issue? According to Fla. Fam. L. R. P. 12.491(e), “A support enforcement hearing officer does not have the authority to hear contested paternity cases.” This was an issue in the case DOR v. Harris, 1D2025-0809 (Fla. 1st DCA October 15, 2025).
The father in this child support case requested paternity testing. The hearing officer granted the request, and the Department of Revenue (DOR) appealed via a writ of certiorari. The appellate court granted the writ, holding “We agree with the Department that the circuit court erred in approving the hearing officer’s recommendation. The child support proceedings did not properly place paternity in controversy, and Respondent did not establish good cause for the testing. [. . .] Even if paternity was in controversy and good cause was shown, the hearing officer had no authority to address a contested paternity matter.”
This post should not be construed as legal advice since application of Florida family law rules to the facts of each case may vary. For this reason, you should consult with a Miami family law attorney for specific advice about your case.