STATE OF FLORIDA, DEPARTMENT OF REVENUE,
v.
JONATHON JEROME TAYLOR, ET AL.,
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The appellate court reversed a lower court's denial of a child support petition. The lower court had refused to establish child support because the custodial parent failed to appear for hearings, but the appellate court found the Department of Revenue had the statutory authority to proceed in her absence.
No, the lower court erred. The Department of Revenue has the statutory authority to proceed with establishing child support obligations even if the public assistance recipient fails to appear for hearings.
[1] A trial court's denial of a child support award is reviewed for abuse of discretion.
[2] The interpretation of a statute is a question of law reviewed de novo.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“For the purposes of establishing an obligation for support in accordance with this section, if a person who is receiving public assistance is found to be noncooperative as defined in s. 409.2572, the department may submit to the court an affidavit or written declaration signed under penalty of perjury as specified in s. 92.525(2) attesting to the income of that parent based upon information available to the department.”
This quote from the statute establishes the Department's ability to proceed with support obligations based on available information when a recipient is noncooperative.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Department of Revenue filed a petition for child support on behalf of a mother receiving public assistance. The mother failed to appear for two sc…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Title Iv-D Of The Social Security Act cases and more on FLexlaw
PER CURIAM.
The Department of Revenue appeals an order ratifying a recommended order denying the Department and Francean Decese’s petition for child support and other relief. For the reasons set forth below, we reverse.
Decese, the Mother, was the recipient of public assistance. In the lower court, the Department filed a petition requesting support for the benefit of her minor child from Jonathon Jerome Taylor, the Father. The Department filed its Income Declaration for Noncooperative Public Assistance Recipient.2 And, because Decese failed to appear in the lower court, after notice, for two hearings, the Department requested to proceed with establishing the amount of child support in her absence. The lower court denied the Department’s request to do so and, because no amount of child support could therefore be established, denied the Department’s petition. The Department timely appealed.
The standard of review on a lower court’s denial of an award of child support is abuse of discretion. See Smith v. Smith, 872 So. 2d 397, 399 (Fla. 1st DCA 2004). However, the issue of the Department’s statutory authority is a purely legal question
of statutory interpretation that we review de novo. See Fla. Dep’t of Envtl. Prot. v. ContractPoint Fla. Parks, L.L.C., 986 So. 2d 1260 (Fla. 2008).
On appeal, the Department contends Decese’s presence at the hearing was not required. We agree. “The Department is designated as the state agency responsible for the administration of the child support enforcement program, Title IV-D of the Social Security Act, 42 U.S.C. ss. 651 et seq.” § 409.2557(1), Fla. Stat. (2019). The Department has the authority, among other things, to establish paternity or support obligations and to seek modification and collection of support obligations. See § 409.2557(2), Fla. Stat. (2019). Further, the Department may maintain any support action on behalf of the parent seeking support as an assignee-subrogee. See §§ 409.2551, 409.2557(2), 409.2561(1)-(3), Fla. Stat.; see also State Dep’t of Revenue ex. rel. Screws v. Screws, 688 So. 2d 391, 392 (Fla. 2d DCA 1997) (“By accepting public assistance from the Department for the support of dependent children, the Department acquires the authority to proceed with all remedies available to the child’s custodian.”).
Thus, the Department was entitled to proceed in Decese’s absence. See Dep’t of Revenue O/B/O Gaines v. Curtis, 247 So. 3d 715 (Fla. 5th DCA 2018). As such, we reverse and remand for further proceedings consistent herewith.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Fla. Dep't of Env't Prot. v. Contractpoint Fla. Parks, LLC, 986 So. 2d 1260 (Fla. 2008)
- Smith v. Smith, 872 So. 2d 397 (Fla. 1st DCA 2004)
- State v. Screws, 688 So. 2d 391 (Fla. 2d DCA 1997)
- Dep't OF Revenue O/B/O Sakeena A. Gaines v. Quinn A. Curtis, 247 So. 3d 715 (Fla. 5th DCA 2018)