GIOVANNI E. MACIAS, APPELLANT,
v.
DEPARTMENT OF REVENUE, ON BEHALF OF SUJEI GARCIA, APPELLEE

Fla. 3d DCA | 2009-08-26
No. 3D08-3071
Before SUAREZ and CORTIÑAS, JJ., and SCHWARTZ, Senior Judge.
16 So. 3d 985 Florida District Court of Appeal, Third District (2009) Positive Treatment
Cited by 20 cases

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Holding

The court held that a party cannot seek modification of a Final Administrative Support Order on appeal by presenting facts that arose after the order was issued or by failing to provide necessary transcripts to demonstrate error.

Headnotes

[1] A party cannot seek modification of a Final Administrative Support Order on appeal by presenting facts that were not initially presented to the administrative law judge.

[2] An appellate court presumes the correctness of an administrative law judge's decision, and the burden is on the appellant to demonstrate error.

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Facts & Procedural History

Giovanni Macias appealed a Final Administrative Support Order for child support, claiming his income decreased and that his expenses were not consider…

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Topics
Administrative Decisions Administrative Law Appellate Review

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Opinion of the Court
SUAREZ, J.

SUAREZ, J.

Giovanni Macias appeals a Final Administrative Support Order for child support. Macias raises two issues on appeal. First, he requests that this Court modify the Final Administrative Support Order and, second, he requests that we reverse the Order as he claims the administrative law judge did not take into consideration his child support and care expenses. We affirm.

The mother, Sujei Garcia, initiated the administrative process regarding Macias’s child support obligation pursuant to section 409.2563, Florida Statutes (2008). Macias received the proposed administrative support order and requested an administrative hearing, which took place on November 20, 2008. The administrative law judge issued a final order the same day. The record of issues and evidence presented at the hearing are not available as there are no transcripts.

Macias first claims on appeal that his income has decreased substantially since the Final Administrative Support Order was entered. As a result, he seeks to have this Court modify the Order and reduce his child support payments. We deny his request as this issue arose after the Final Administrative Support Order was issued. Pursuant to section 409.2563(12), Florida Statutes (2008), he cannot seek modification of a Final Administrative Support Order on appeal by presenting facts that were not initially presented to the administrative law judge.

Macias next claims that the administrative law judge did not take into consideration his child support and care expenses. The administrative law judge’s decision has the presumption of correctness in appellate proceedings and the burden is on the appellant to demonstrate error. Macias has failed to provide transcripts of the administrative proceedings, which this Court must have in order to determine whether the administrative law judge abused his discretion. Therefore, we affirm as Macias cannot demonstrate error. See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150 (Fla.1979).

Affirmed.

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Citator

Cited By (11 total)

  • Salters v. Dep't OF Revenue, 32 So. 3d 777 (Fla. 2d DCA 2010)
    …y necessary adjustments to Mr. Salters’ monthly contribution towards the arrearage. Affirmed in part, reversed in part, and remanded. VILLANTI and LaROSE, JJ, Concur. . See § 409.2563, Fla. Stat. (2005); Macias v. Dep't of Revenue ex rel. Garcia, 16 So. 3d 985, 986 (Fla. 3d DCA 2009) (holding that a father could not "seek modification of a Final Administrative Support Order on appeal by presenting facts that were not initially presented to the administrative law judge”); Fernandez v. Dep’t of Revenue, 971…
  • Miley v. Dep't OF Revenue o/b/o Amanda Lyn Barker, 23 So. 3d 1284 (Fla. 4th DCA 2010)
    …affirmance is without prejudice to permit Miley to request a modification of the final order subject to the requirements established in Florida Statutes Chapters 61 and 409. See § 409.2563(12), Fla. Stat.; Macias v. Dep’t of Revenue ex rel. Garcia, 16 So. 3d 985, 986 (Fla. 3d DCA 2009) (noting that Macias could not seek modification of a final administrative support order on appeal “by presenting facts that were not initially presented to the administrative law judge”). Alternatively, Miley may seek a super…
  • Audely Hernandez v. Yosviel Guerra & Dep't of Revenue, 230 So. 3d 514 (Fla. 3d DCA 2017)
    …rative Support Order. II. STANDARD OF REVIEW “The administrative law judge’s decision has. the presumption of correctness in appellate proceedings and the burden is on the appellant to demonstrate error.” Macias v. Dep’t of Revenue ex rel. Garcia, 16 So. 3d 985, 986 (Fla. 3d DCA 2009). This Court may not reverse the ALJ’s findings of fact if those findings are supported by competent, substantial evidence. See § 20.68 (10), Fla. Stat. (2016)1; Bagarotti v. Reemployment Assistance Appeals Comm’n, 208 So. 3d…

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