Does the Circuit Court have jurisdiction to modify child support payments originally established by an administrative support order?
Yes. In a recent appeal from the Circuit Court for Hamilton County, the Florida Department of Revenue challenged the Circuit Court’s order which adopted a Child Support Hearing Officer’s Report and Recommendation as the Order of the Court. The Order included a provision reducing the Appellee’s future child support payments, from $433.63 per month (as calculated by the Department of Revenue in accordance with section 409.2563, Florida Statutes) to $237.00 per month (as agreed by each parent), with the reduction to begin two years from the date of the Order.
Contrary to the Department of Revenue’s argument, the Appeals court found that section 409.2563 actually provides for the Circuit Court to have jurisdiction over a prospective modification of child support payments originally established by administrative support order.
As the Court advised, “The introductory language in section 409.2563, Florida Statutes specifically describes the legislative intent of the statute:
It is not the Legislature’s intent to limit the jurisdiction of the circuit courts to hear and determine issues regarding child support. This section is intended to provide the department with an alternative procedure for establishing child support obligations in Title IV-D cases in a fair and expeditious manner when there is no court order of support. In addition, section 409.2563(10)(c), Florida Statutes clearly recognizes the circuit court’s authority to issue an order prospectively changing the support obligation thusly: (c) A circuit court of this state, where venue is proper and the court has jurisdiction of the parties, may enter an order prospectively changing the support obligations established in an administrative support order, in which case the administrative support order is superseded and the court’s order shall govern future proceedings in the case….
See Florida Department of Revenue OBO Proveaue v. Williams, 36 Fla. L. Weekly D1955 (Fla. 1st DCA 2011).
Patricia Dills is an Attorney with Martin Law Firm, P.L., whose practice focuses in Divorce, Child Support, Family Law, and Civil Litigation. She primarily practices in Naples, Collier County, and Lee County Florida.