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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.

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Presentation on theme: " The Department’s power to establish, modify, and enforce child support stems from the Child Support Enforcement Act, which was incorporated into Title."— Presentation transcript:

1  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.  §§ (1) & (1), Fla. Stat. (2008).

2 Fla. Stat. §§  These statutes outline the processes by which a child support obligation is established, modified, and enforced when the Department of Revenue is involved.

3 Fla. Stat. §§ These statutes lay the ground rules for establishing and calculating child support obligations.

4  (1)- The Departments services are available to public assistance recipients AND anyone who asks regardless of financial stature!  (2)-An attorney-client relationship exists only between the department and the legal services providers in Title IV-D cases.  and cover Administrative establishment of child support and/or paternity.

5  (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 non- prevailing Obligors.

6  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

7  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. 1 st DCA 2009), and DOR v. Varela, 67 So.3d 1205, 1206 (Fla. 4 th DCA 2011).

8  Setting cases when the Department is involved.  If the case is in the Child Support Division (Div. ), call the J.A. at (786)  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 1 st Court, 16 th Floor, Miami, FL

9  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 VOIC (786)  ALTERNATE PHONE:(305)  ADMINISTRATIVE ASSISTANT = LENA. Her number is (786)


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