Posted by Nydia Streets of Streets Law in Florida Child Support
When a person receives notice that a Florida administrative child support proceeding has been filed against them, what are their options? This was an issue in the case Wilson v. DOR, 1D2025-0894 (Fla. 1st DCA October 22, 2025).
Usually, instructions are included with notice of the case which include the person’s right to have the case proceed in circuit court rather than via an administrative proceeding. But that person must object appropriately within a certain timeframe. In this case, it appears the party against whom proceedings were commenced did object appropriately and timely, but his objection was not recognized, and he appealed..
The appellate court noted the Department of Revenue properly “conced[ed] that Appellant properly requested to proceed in circuit court rather than in an administrative proceeding and that the waiver of service form was sent to an incorrect mailing address. See § 409.2563(2)(i), Fla. Stat. (2025); Fla. Admin. Code R. 12E-1.030(7)(b). Due to Appellee’s error, Appellant was deprived of the opportunity to finalize the process for proceeding to circuit court pursuant to section 409.2563(2)(i).” The court reversed the final administrative support order and remanded the case for appropriate proceedings.
Nothing in this article should be construed as legal advice. For specific advice about your case, schedule a consultation with a Miami family law attorney.