CALEB LEE MILEY, APPELLANT,
v.
DEPARTMENT OF REVENUE O/B/O AMANDA LYN BARKER, APPELLEE

Fla. 4th DCA | 2010-01-06
No. 4D09-13
Stevenson, J., Taylor, J., May, J.
23 So. 3d 1284 Florida District Court of Appeal, Fourth District (2010) Positive Treatment
Cited by 6 cases

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Synopsis

Father's appeal of child support order affirmed because the award was supported by competent, substantial evidence, though he may seek modification if circumstances have changed since the order was issued.

Holding

A final administrative child support order supported by competent, substantial evidence must be affirmed on appeal, even if the obligor's circumstances changed after the proposed order was mailed but before the final order was issued.

Headnotes

[1] An obligor cannot seek modification of a final administrative support order on appeal by presenting facts that arose after the proposed order was mailed but before the fi…

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Facts & Procedural History

Caleb Lee Miley, the father, was subject to a Final Administrative Support Order entered by the Florida Department of Revenue, Child Support Enforceme…

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Topics
Modification Of Support Orders Child Support Enforcement Administrative Procedure Competent Substantial Evidence

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Opinion of the Court
STEVENSON, J.

STEVENSON, J.

Caleb Lee Miley, the father, appeals a Final Administrative Support Order entered against him following an administrative proceeding by the Florida Department of Revenue, Child Support Enforcement Program. The basis of Miley’s challenge on appeal is that, subsequent to the time the proposed order was mailed on October 21, 2008, and prior to the issuance of the final order on December 24, 2008, he lost his job and his ability to make the prescribed payments. Miley did not request a hearing prior to issuance of the final order. Because the award in the final order is supported by competent, substantial evidence, we affirm. See § 120.68(10), Fla. Stat. (2008). Our 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 superseding order from the circuit court. See § 409.2563(10)(c), Fla. Stat.

Affirmed.

TAYLOR and MAY, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Salters v. Dep't OF Revenue, 32 So. 3d 777 (Fla. 2d DCA 2010)
    …dy. He may seek a modification of the final administrative support order as set forth in section 409.2563(12), or he may seek a superseding order in the circuit court pursuant to section 409.2563(10)(c). See Miley v. Dep’t of Revenue ex rel. Barker, 23 So. 3d 1284, 1284 (Fla. 4th DCA 2010) (noting same). . The Department also calculated retroactive support for the periods of January to December 2007, January 2008, and February to August 2008. It then added all of the periods of retroactive support together t…
  • Desmond D. Dillion v. Dep't OF Revenue, 189 So. 3d 353 (Fla. 4th DCA 2016)
    …t any mention of the parties’ time-sharing arrangement. If an agency enters an order on undisputed evidence, the order must be upheld by this court if it is supported by competent, substantial evidence. See Miley v. Dep’t of Revenue ex rel. Barker, 23 So. 3d 1284 (Fla. 4th DCA 2010). However, if this court finds that the validity of the agency action depends on disputed facts, and there has been no hearing prior to agency action, this court “shall” remand for “further proceedings.” § 120.68(7)(a), Fla. Stat.…
  • Courage v. State of Fla. Dep't OF Revenue, 53 So. 3d 1229 (Fla. 4th DCA 2011)
    …PER CURIAM. Affirmed. See Miley v. Dep’t of Revenue ex rel Barker, 23 So. 3d 1284 (Fla. 4th DCA 2010). GROSS, C.J., STEVENSON and GERBER, JJ., concur.…

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