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