TYRONE SALTERS, APPELLANT,
v.
DEPARTMENT OF REVENUE, CHILD SUPPORT ENFORCEMENT PROGRAM ON BEHALF OF GANTÉ L. MOBLEY, APPELLEE
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The court held that the Department of Revenue erred by disregarding information in its files when calculating retroactive child support, but affirmed the current support order as no error was found.
[1] A party who fails to provide requested financial information or participate in administrative child support proceedings waives arguments not preserved below.
[2] An administrative agency calculating retroactive child support must consider all information in its files, even if the obligor failed to participate or provide informatio…
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Join FLexlaw to unlock all legal intelligenceThe Department of Revenue entered administrative and income deduction orders for child support. The Department calculated retroactive child support us…
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Tyrone Salters appeals a final administrative support order and an income deduction order entered by the Department of Revenue, Child Support Enforcement Program (the Department). The orders were entered with respect to Mr. Salters’ two minor children. The Department requested financial information from Mr. Salters and provided him with two notices advising him of his right to participate and to request a hearing. But Mr. Salters failed to provide the requested information or to participate in the proceedings below, thus waiving or failing to preserve a number of the arguments he now raises on *778appeal.1 For this reason, we affirm with respect to all of Mr. Salters’ arguments on appeal, save one.2 Because the Department disregarded information in its files and calculated Mr. Salters’ retroactive child support obligation using an incorrect income amount for the periods of July to December 2005 and January to December 2006, we reverse and remand for recalculation of retroactive child support and for any necessary adjustments to Mr. Salters’ monthly contribution to that arrearage and to the income deduction order.3
When calculating Mr. Salters’ retroactive child support obligation, the Department used a monthly income figure of $4415.18 for the period of July 2005 to August 2008. This figure is based upon information the Department had concerning Mr. Salters’ income from the City of Largo and JMA Enterprises during the last three quarters of 2007 and the first quarter of 2008.
In calculating Mr. Salters’ monthly income for the periods of July to December 2005 and January to December 2006, the Department did not consider the information it had in its possession concerning Mr. Salters’ income from the City of Largo before 2007. The information in the Department’s file reflects that his rate of pay with the City of Largo increased sometime after January 2006. In addition, the Department had available Mr. Salters’ actual monthly income from the City of Largo for the period of July to December 2005 and his actual quarterly income for the last three quarters of 2006. The Department should have used that information (together with the information it had from JMA Enterprises) to calculate retroactive child support for the periods of July to December 2005 and January to December 2006. Although Mr. Salters failed to participate below or to provide any information to the Department concerning his income, the Department ought not to ignore the information in its own files. Cf. § 61.30(17)(a), Fla. Stat. (2005) (“Failure of the obligor to ... demonstrate [his actual income] shall result in the court using the obligor’s income at the time of the hearing in computing child support for the retroactive period.”).
Because we find no error with respect to the Department’s determination of Mr. Salters’ current support obligation, we affirm the final administrative support order to that extent. We reverse the order with respect to the calculation of Mr. Salters’ retroactive support obligation and remand for the Department to recalculate his retroactive child support for the periods of July to December 2005 and January to December 2006, using the information it *779has with respect to his actual income from the City of Largo during those periods. After recalculating Mr. Salters’ retroactive support for these periods, the Department should recalculate the total retroactive child support obligation and, if necessary, adjust Mr. Salters’ monthly contribution towards the arrearage. Based upon our reversal of the final administrative support order, the income deduction order is also reversed. The Department may reissue an appropriate income deduction order after recalculating the retroactive support obligation and making any necessary adjustments to Mr. Salters’ monthly contribution towards the arrearage.
Affirmed in part, reversed in part, and remanded.
VILLANTI and LaROSE, JJ, Concur.
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Ashton J. Finch v. Dep't OF Revenue, 65 So. 3d 1150 (Fla. 3d DCA 2011)…active period” when determining the amount of a retroactive child support award); Swor v. Swor, 56 So. 3d 825, 826 (Fla. 2d DCA 2011); Cameron v. Dickey, 871 So. 2d 1022, 1028 (Fla. 5th DCA 2004); see also Salters v. Dep’t of Revenue ex rel. Mobley, 32 So. 3d 777, 778 (Fla. 2d DCA 2010). Therefore, the ALJ’s determination of the retroactive support obligation does not comply with section 61.30(17)(a) and it must be recalculated. Accordingly, we affirm the paternity determination but reverse the order with r…
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Gaut v. Dep't OF Revenue, 220 So. 3d 552 (Fla. 2d DCA 2017)…and because the income information for the two time-frames differed, “the Department ought not to [have] ignore[d] the information in its own files” when it calculated Gaut’s retroactive child support due. Salters v. Dep’t of Revenue ex rel. Mobley, 32 So. 3d 777, 778 (Fla. 2d DCA 2010); see also § 61.30(17)(a), Fla. Stat. (2016). Therefore, we affirm as to Gaut’s current support obligation but reverse as to Gaut’s retroactive support obligation. We remand for the Department to recalculate his retroactive…
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Duggan v. State, 197 So. 3d 631 (Fla. 1st DCA 2016)…deduction order. Mr. Duggan then appealed. Mr. Duggan waived and failed to preserve most of his appellate arguments after ignoring the process offered below. See, e.g., Salters v. Dep’t of Revenue, Child Support Enforcement Program ex rel. Mobley, 32 So. 3d 777 (Fla. 2d DCA 2010); Macias v. Dep’t of Revenue ex rel. Garcia, 16 So. 3d 985 (Fla. 3d DCA 2009). We affirm with respect to all of Mr. Duggan’s arguments except for the one dealing with Mr. Duggan’s retroactive child support obligation. The Departm…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- MacIas v. Dep't OF Revenue, 16 So. 3d 985 (Fla. 3d DCA 2009)
- Miley v. Dep't OF Revenue o/b/o Amanda Lyn Barker, 23 So. 3d 1284 (Fla. 4th DCA 2010)
- Porush v. Porush, 23 So. 3d 1284 (Fla. 4th DCA 2010)
- Fernandez v. Dep't OF Revenue, 971 So. 2d 875 (Fla. 3d DCA 2007)