Posted by Nydia Streets of Streets Law in Florida Child Support
When the Department of Revenue issues certifications for denial/revocation of a passport and/or a federal tax return offset, the certification must be based on a valid judgment for child support. This was an issue in the case Morancy v. DOR, 4D2025-0239 (Fla. 4th DCA March 25, 2026).
A final judgment was entered in which the father was ordered to pay child support. While two nonfinal appeals were pending, the trial court entered the final judgment and a corrected final judgment. Based on these final judgments, the Department of Revenue (DOR) issued certifications for denial/revocation of a passport and/or a federal tax return offset. The appeals subsequently resulted in the trial court setting aside the original judgments and entering an amended judgment. The father appealed the certifications, arguing they were based on void judgments.
The appellate court agreed, holding “The certification was based on the corrected final judgment that was entered while the two nonfinal appeals were pending. Thus, the trial court lacked jurisdiction to enter the corrected final judgment. See Fla. R. App. P. 9.130(f) (‘[T]he lower tribunal may not render a final order disposing of the cause pending such review absent leave of the court.’); Esposito v. Horning, 416 So. 2d 896 (Fla. 4th DCA 1982) (finding that a final judgment entered while an appeal was pending was a nullity). Because there was no valid judgment at the time of the certifications, there was no basis upon which to find appellant had unpaid arrearages. The new final judgment did not cure the error because the certifications were based on the invalid corrected final judgment. Accordingly, we reverse the certifications.”
This article is not legal advice. Schedule your meeting with a Miami family law attorney to determine the next best steps in your case.