STATE OF FLORIDA, DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES, APPELLANT,
v.
LOU KING AND RONNIE KING, APPELLEES
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The court held that a trial court properly ordered child support payments to be made directly to the custodial parent for current obligations before reimbursing the Department of Health and Rehabilitative Services (HRS) for prior public assistance.
[1] Public policy dictates that child support obligations are primarily the responsibility of the parents to maintain children, thereby reducing the burden on public assistan…
[2] Payments of public assistance made for a dependent child create a debt owed to the department by the responsible parent.
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Join FLexlaw to unlock all legal intelligenceFollowing legal efforts by HRS, a portion of child support money was remitted. The trial court ordered this money to be paid directly to the custodial…
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WENTWORTH, Judge.
This is an appeal from an order requiring a portion of child support money, remitted following legal efforts by the Department of Health and Rehabilitative Services, to be paid directly to the custodial parent for current obligations accruing after termination of HRS assistance, although the remaining money was insufficient to reimburse the department for public assistance previously paid on behalf of the dependent child. We affirm.
The legislatively declared public policy behind the child support enforcement provisions of our statutes is to maintain children from the resources of the responsible parents, thereby relieving the burden currently borne by the general citizenry through public assistance programs. § 409.2551, Florida Statutes. The law provides that any payment of public assistance money made for the benefit of any dependent child creates a debt due and owing to the department by the responsible parent. § 409.2561, Florida Statutes. However, that section specifically provides that “[pjriority shall be given to establishing continuing reasonable support for the dependent child.” This provision is not inconsistent with the federal statutes asserted by the department as governing its aid to families with dependent children. 42 U.S.C.A. § 654 provides in pertinent part:
A state plan for child support must — (5) provide that, in any case in which child support payments are collected for a child with respect to whom an assignment under section 602(a)(26) of this title is effective, such payments shall be made to the State .. . and shall not be paid directly to the family except that this paragraph shall not apply to such payments .. . for any month in which the amount collected is sufficient to make such family ineligible for assistance under the State plan - (e. s.)
Upon consideration of the record facts and applicable law, we conclude the trial court here properly ordered that the children’s present support needs were to be met before HRS was reimbursed. The order is accordingly affirmed.
ERVIN and SHAW, JJ„ concur.
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Brake v. Sanchez-Lopez, 452 So. 2d 1071 (Fla. 3d DCA 1984)…slature and the Florida courts have recognized the importance of protecting against the diversion of support payments from their intended beneficiaries. § 409.2561(1), Fla.Stat. (1977).1 State, Department of Health & Rehabilitative Services v. King, 390 So. 2d 1224 (Fla. 1st DCA 1980); Department of Health and Rehabilitative Services v. Alper, 375 So. 2d 571 (Fla. 4th DCA 1979). In those jurisdictions which have decided the question, enforcement of a charging lien has not been allowed to nullify an award dete…
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Camps v. Dep't OF Health & Rehabilitative Servs., 459 So. 2d 1140 (Fla. 5th DCA 1984)…public monies used to pay the father’s support obligation to his child. . See Cronebaugh v. Van Dyke, 415 So. 2d 738, 741, notes 5, 6 and 7 (Fla. 5th DCA 1982); Dept of HRS v. Walker, 411 So. 2d 347 (Fla. 2d DCA 1982). . Cf. Dept. of HRS v. King, 390 So. 2d 1224 (Fla. 1st DCA 1980) (child's present support needs must be met before HRS may be reimbursed).…