Paternity - Dade Legal Aid

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 The
Department’s power to establish, modify, and
enforce child support stems from the Child Support
Enforcement Act, which was incorporated into
Title IV-D of the Social Security Act.
 In
Florida, the Department of Revenue is the state
agency responsible for administration of that
program.
 §§ 409.2554(1) & 409.2557(1), Fla. Stat. (2008).
Fla. Stat. §§ 409.2551-409.2594
 These
statutes outline the processes by which a
child support obligation is established ,
modified, and enforced when the Department
of Revenue is involved.
Fla. Stat. §§61.09-61.30
These statutes lay the ground rules for
establishing and calculating child support
obligations.
 409.2567(1)-
The Departments services are available
to public assistance recipients AND anyone who asks
regardless of financial stature!
 409.2567(2)-An
attorney-client relationship exists
only between the department and the legal services
providers in Title IV-D cases.
 409.256
and 409.2563 cover Administrative
establishment of child support and/or paternity.
 409.2561(1)
and (2)(a)-(5)(c): Recipients of
public assistance execute an Assignment of Rights
giving the Department exclusive decision-making
power over their cases.

61.16(1)-When the Department is involved in a case,
attorney’s fees, suit costs, filing fees, mediation costs
and service costs shall only be assessed against nonprevailing Obligors.
 61.30(11)(a)-The
court may adjust the total
minimum child support award, or either or both
parents’ share of the total minimum child
support award, based upon the following
deviation factors:
(8)The impact of the Internal Revenue Service Child &
Dependent Care Tax Credit, Earned Income Tax Credit,
and dependency exemption and waiver of that
exemption.
The Statute does not permit the addition of EIC into net or
gross income
A
hold has been placed on the Obligor’s
passport or an Obligor’s Tax Return has been
intercepted.
Trial courts cannot interfere with statutory authority
delegated to the Department.
Department of Revenue ex rel. Jackson v. Nesbitt, 975 So.2d 549 (Fla.
4th DCA 2008)
The Department’s enforcement power cannot be
restricted or redefined by the State judiciary.
DOR v. Baker, 24 So.3d 1254 (Fla. 1st DCA 2009), and DOR v. Varela,
67 So.3d 1205, 1206 (Fla. 4th DCA 2011).
 Setting
cases when the Department is involved.
If the case is in the Child Support Division (Div. ),
call the J.A. at (786)469-3960.
J.A.’s in Family Court have the contact numbers
for Assistant State Attorney’s.
 An
Order was entered terminating support or
modifying arrears but the Central Depository
Records do not reflect the change.
The CD must receive a copy of the Order.
Their address is 601 NW 1st Court, 16th Floor, Miami, FL 33136.

About 200 cases per month involving the Department are litigated in
Family Division.

The State Attorney’s Office recently assigned an Assistant State Attorney
(me!) to the Family Courthouse full-time in order to litigate child support
cases in the Family Division.
CONTACT INFORMATION:
Erinn Sarandria

PHONE AND VOICEMAIL:(786)469-3279
 ALTERNATE PHONE:(305)349-5871.
ADMINISTRATIVE ASSISTANT = LENA.
Her number is (786)469-3348
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