Posted by Nydia Streets of Streets Law in Florida Child Support
Who can appeal a final administrative child support order in Florida? Fla. Stat. § 409.2563(10)(a) and Fla. Stat.; § 120.68 are instructive. This was an issue in the case Thomas v. DOR, 6D2026-0473 (Fla. 6th DCA May 1, 2026).
An administrative law judge issued a final Florida child support order. The mother who was awarded child support (known as the obligee) apparently disagreed with the order and filed a notice of appeal. The Department of Revenue (DOR) filed a motion to dismiss the appeal, citing the Florida Statutes in arguing that only the obligor (paying parent) and DOR have the right to appeal under the Statutes.
The appellate court agreed, reasoning “[T]he plain text of section 409.2563(10)(a) only provides the obligor parent and the Department—but not the obligee parent—with the right to seek judicial review of an administrative support order or final order denying an administrative support order. See § 409.2563(10)(a), Fla. Stat. (‘The obligor has the right to seek judicial review of an administrative support order or a final order denying an administrative support order in accordance with s[ection] 120.68. The department has the right to seek judicial review, in accordance with s[ection] 120.68, of an administrative support order or a final order denying an administrative support order entered by an administrative law judge of the Division of Administrative Hearings.’ Conspicuously absent from section 409.2563 is any language granting the same right to seek judicial review to the obligee parent. See generally § 409.2563, Fla. Stat. Reading section 409.2563 in pari materia with section 120.80(14)(c), Florida Statutes, lends further support to the conclusion that an obligee parent does not have the right to seek judicial review in this context.” The motion to dismiss the appeal was therefore granted.
Nothing in this article is legal advice. For advice specific to your case, schedule a meeting with a Miami family law attorney.