Understanding Florida's Administrative Child Support Process: How the Department of Revenue Gains Jurisdiction and Enforces Support

When it comes to child support in Florida, many parents assume that everything must go through the court system. However, the Florida Department of Revenue (DOR) has significant power to establish and enforce child support orders without involving the courts. This process, known as administrative child support enforcement, allows the DOR to take action against a parent who owes child support without requiring a judge's intervention—at least initially.

So how does the Florida Department of Revenue gain this authority? And how does it actually work in real-life child support cases? Let's break it down.

The Legal Foundation: Where Does the Florida Department of Revenue Get Its Power?

1. Federal Authority: Title IV-D of the Social Security Act

The Florida DOR's child support enforcement program exists because of Title IV-D of the Social Security Act. This federal law, passed in 1975, created a nationwide child support enforcement system, requiring states to:

• Locate parents who owe child support.

• Establish paternity if necessary.

• Set up child support orders.

• Enforce existing orders to ensure children receive financial support.

In exchange for following federal regulations, Florida receives federal funding to operate its child support enforcement program. Each state must designate a specific agency to handle these cases, and in Florida, that agency is the Department of Revenue (DOR).

2. Florida Law: Statutory Authority

The Florida Legislature has given the DOR broad powers to establish and enforce child support through several key statutes:

• Section 409.2551, Florida Statutes – Declares Florida's public policy of ensuring that children receive financial support from both parents and assigns the DOR responsibility for enforcing child support.

• Section 409.2557, Florida Statutes – Grants the DOR the authority to administer child support enforcement and take administrative actions to collect payments.

• Section 409.2563, Florida Statutes – Allows the DOR to establish child support orders through an administrative process, avoiding the need for a court hearing in many cases.

These laws empower the DOR to act as a quasi-judicial agency, meaning it can determine and enforce child support obligations without needing immediate judicial oversight. However, parents still have rights and options within this system, which we'll explore below.

How Florida's Administrative Child Support Process Works

While the Florida DOR can handle child support cases outside of court, its power isn't unlimited. Here's a step-by-step look at how the process typically unfolds:

Step 1: Initial Notice and Jurisdiction

The DOR initiates an administrative child support case by serving the respondent parent (the parent who is being asked to pay child support) with an Initial Notice of Proceeding to Establish Administrative Support Order. This notice includes:

• A request for financial information.

• A proposed child support calculation.

• Instructions on how to contest or request a court hearing.

The DOR gains jurisdiction over the parent through proper service of this notice. Service can be completed by:

• Certified mail (if the parent signs for it).

• Personal service by a process server.

• Publication (if the parent cannot be located).

Step 2: Financial Review and Support Calculation

Once served, the respondent parent has the chance to submit financial information to determine their child support obligation. If they fail to respond, the DOR can calculate child support based on available data, such as:

• Employer wage records.

• Tax returns.

• Public benefit records.

If the non-custodial parent disputes the calculation, they can request a court hearing, which transfers the case from the administrative system to the circuit court.

Step 3: Issuing the Administrative Support Order

If the parent does not request a hearing, the DOR will issue an Administrative Support Order, which has the same legal effect as a court-ordered child support order. This order includes:

• The required monthly child support amount.

• Additional obligations like health insurance coverage.

• Instructions for payment and enforcement.

Step 4: Enforcement of Child Support Orders

If the parent fails to pay, the DOR has powerful enforcement tools, including:

• Wage Garnishment – Automatically deducting child support from the parent's paycheck.

• Driver's License Suspension – Suspending the parent's driver's license until they comply.

• Bank Account Seizure – Freezing and withdrawing funds from bank accounts.

• Tax Refund Interception – Taking federal and state tax refunds to cover unpaid child support.

• Liens on Property – Placing a claim on real estate or vehicles.

Unlike a court proceeding, no judge needs to approve these actions—the DOR has the authority to act administratively.

How Does This Play Out in Real Life?

While the administrative process makes child support enforcement more efficient, it can also create challenges for parents. Here are some real-world scenarios that highlight how these cases unfold:

Scenario 1: Parent Claims They Were Never Notified

A father receives notice of a child support case but never checks his mail. The DOR proceeds based on estimated earnings, setting his child support at $800 per month. He only finds out when his wages are garnished. At that point, he can request a modification, but he cannot erase the past-due support.

Scenario 2: Parent Is Unemployed but Assessed Based on Past Earnings

A mother loses her job but doesn't respond to the DOR's request for financial information. The DOR imputes income based on her last reported job at $50,000 per year and sets support accordingly. She later has to prove her lack of income in a modification request.

Scenario 3: Parent Moves Out of State

A non-custodial parent moves to Georgia, thinking Florida no longer has jurisdiction. However, because he was properly served and did not contest the order, Florida retains jurisdiction and enforces his payments through interstate child support enforcement.

Key Takeaways for Parents

If you're dealing with the Florida DOR in a child support case, here's what you need to remember:

• Respond quickly – Ignoring notices can lead to support orders based on default calculations that may not reflect your actual ability to pay.

• Request a hearing if necessary – If you disagree with the support amount, you can transfer your case to family court.

• Keep your information updated – The DOR will use any available data to determine income, which may not be accurate.

• Understand enforcement tools – The DOR can take aggressive measures like wage garnishment and license suspension without a judge's approval.

Final Thoughts

Florida's administrative child support process is designed to streamline support enforcement without burdening the courts. However, the system is not perfect—it often relies on assumptions and default judgments that can create challenges for parents.

If you are facing a DOR child support case, it's crucial to understand your rights, respond promptly, and seek legal advice if needed. Whether you're the parent paying support or the one receiving it, knowing how Florida's system works can help you navigate the process more effectively.

Do you have a child support issue in Florida? At Family Matters Law Group, P.A., we help parents understand their rights and navigate the complexities of child support cases. Contact us today to discuss your situation and explore your options!