View from the Bench
Child Support
21st Annual Nuts & Bolts of Divorce Seminar
Wednesday, February 13, 2013
Judge Sandy Karlan
Special thank you to GM Tenenbaum, Administrative General
Magistrate and Denise Kelly, Esq., Division Chief, Child
Support Enforcement
What Statutes Apply?
 Fla. Stat. 61.13 governs child support in a
dissolution or paternity action
 Fla. Stat. 409 governs administrative child
support
Factual Scenarios
 2008 Case: child support set in Division 46
at $280 per month
 2012 Case: Dissolution of Marriage filed
 Mediated Settlement Agreement recites:
 “The issue of child support has been
determined in the child support case number
2008-0001 (46)
Final Judgment Granted
and adopts MSA
 Assume 2012 case has a parenting plan/ Assume no
parenting plan in the 2008 case
 See. Daley v. DOR, 74 So.3d 165(Fla. 1stDCA 2011): the Court may
not consider a parenting plan in calculating child support
unless it has been adopted by Court order
 What if 2008 case was an Administrative Child Support Order?
 What happens to the child support order if the numbers would
be different by counting the overnights in the parenting plan?
What If 2008 C/S no longer accurate?
 Transfer 46 case to Family Division?
 Can you modify an Administrative c/s order?
 Can you supercede the c/s order? (See 409)
 Ignore the 2008 c/s order?
Assume it is 2014 and parties want to
modify/ enforce FJ
 Do they go the Division 46 and modify the 2008 order?
 Can they file to modify the FJ of DM or FJ of Paternity in the
family division when that FJ incorporated the 2008 child
support by reference?
 What about notifying the State Attorney’s Office?
 From what date does the modification begin? From 2008?
From 2012?
 Does the payee enforce the FJ in the family division?
 Does the payee enforce the 2008 case separately in Division
46 and ignore the Family Division case?
YIKES!!!!!!
DON’T WORRY
 HELP IS ON THE WAY
Suggested Resolutions
 If a Petitioner files a Dissolution/Paternity with a
Parenting Plan and there is a Section 46 case filed
prior, and Child Support is NOT yet determined:
 Request transfer of Section 46 case.
 Allow State Atty to Intervene in the Family case and
calculate child support based on the Parenting Plan.
 Notice ASA for all hearings. ASA may file voluntary
dismissal of Division 46 case
Child Support has been Ordered
 Child Support IS ordered and nothing is pending for 6
months in Division 46 , then
 Ask to transfer the 46 case to the family division, grant
Motion to Intervene,
 approve a parenting Plan and recalculate child support
using the overnights.
 Enter an order that references both case numbers.
 Notice ASA for all hearings.
Additional Steps to Take
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What Order needs to be entered in the 46 case?
Close the CD account under 46 Case Number and
Open new CD account reflecting new amount
ASA will enter an order in the Division 46 case:
 All future proceedings will continue under the Family Division
case # and must include any arrears from the Division 46 case,
or
 Suspend the 46 case and determine the arrears to include in
family case, then close 46 case
Administrative Support Orders
 If there is an Administrative Support Order:
 A Petition to Supersede must be filed in the 46 case at CSE
or in the Family case (included in the Petition for
Dissolution/Paternity) See, F.S. 409.2563.
 The State Attorney must be copied and allowed to
intervene,
 Using the Parenting plan a new c/s calculation can be
done and entered superseding the ASO, including arrears
 The Family Court can only modify prospectively
The Take Away
Transfer Calendars are alternate Thursdays at 10:45am
Contact Cristina Guas at 305-349-5891
If the party represented by the State Attorney obtains
private counsel, the case must be transferred to the Family
Division
Administrative c/s cases cannot be transferred to Family
Division, a new case must be opened and a filing fee paid
Erinn Sarandria, Esq. is the ASA assigned to all related family
cases. Office number is 786-469-3348.