THE STATE OF FLORIDA
v.
IN RE: MARLAINE DELVA AND LOUICITO DELVA
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A circuit court lacks jurisdiction to vacate a final administrative child support order and may only prospectively modify such orders through a superseding order directed at future obligations.
[1] A circuit court is authorized to prospectively modify child support obligations under Florida Statutes § 409.2563(10)(c), but lacks jurisdiction to vacate or retroactivel…
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Join FLexlaw to unlock all legal intelligence“the circuit court lacks jurisdiction to vacate or retroactively affect an administrative child support order.”
Statement of settled law regarding circuit court authority over administrative support orders
The Florida Department of Revenue issued a final administrative support order obligating a father to pay monthly child support for three children. The…
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Opinion filed November 29, 2023. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-1036 Lower Tribunal No. 21-1244
________________
The State of Florida,
Appellant,
vs.
In re: Marlaine Delva and Louicito Delva, Appellees.
An appeal from the Circuit Court for Miami-Dade County, Ivonne Cuesta, Judge. Ashley Moody, Attorney General, and Toni C. Bernstein, Senior Assistant Attorney General (Tallahassee), for appellant. No appearance, for appellees. Before EMAS, SCALES, and MILLER, JJ. MILLER, J. Appellant, the State of Florida, challenges a circuit court order quashing a final administrative support order rendered by the Florida Department of Revenue pursuant to section 409.2563, Florida Statutes (2023). The administrative order obligated the father to pay monthly child support to the mother for the benefit of their three children. It is axiomatic that the circuit court is authorized to prospectively modify child support administrative child support obligations. § 409.2563(10)(c), Fla. Stat. It is equally well-settled, however, that the “circuit court lacks jurisdiction to vacate or retroactively affect an administrative child support order.” Dep’t of Revenue ex rel. Lienhart v. Secor, 146 So. 3d 1250, 1252 (Fla. 2d DCA 2014); see also § 409.2563(10)(c), Fla. Stat. (“Any unpaid support owed under the . . . administrative support order may not be retroactively modified by the circuit court . . . .”); Dep't of Revenue ex rel. Chevor v. Mohomed, 996 So. 2d 900, 902 (Fla. 5th DCA 2008) (“[T]he trial court lacked the legal authority to vacate the instant final administrative child support order.”); Dep't of Revenue ex rel. Chamberlain v. Manasala, 982 So. 2d 1257, 1259–60 (Fla. 1st DCA 2008) (reversing circuit court’s order vacating final administrative support order). Here, in quashing the administrative order rather than entering a superseding order directed at prospective duties, the trial court effectively nullified the father’s unpaid support obligation. Accordingly, we are constrained to reverse and remand for further proceedings. Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dep't OF Revenue o/b/o Jason Thomas Lienhart v. Secor, 146 So. 3d 1250 (Fla. 2d DCA 2014)…y affect an administrative child support order entered pursuant to section 409.2563 administrative proceedings. Dep’t of Revenue ex rel. Chamberlain v. Manasala, 982 So. 2d 1257, 1259 (Fla. 1st DCA 2008); Dep’t of Revenue ex rel. Che-vor v. Mohomed, 996 So. 2d 900, 901-02 (Fla. 5th DCA 2008). However, a circuit court does have the power to issue a superseding order changing support obligations prospectively. Hoover, 40 So. 3d at 102; Manasala, 982 So. 2d at 1259. Authority for this modification by a circuit c…
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Dep't OF Revenue o/b/o Sharon M. Simmons v. Bryant Wardlaw, 48 So. 3d 170 (Fla. 4th DCA 2010)…Dep’t of Revenue v. Manasala, 982 So. 2d 1257, 1259 (Fla. 1st DCA 2008) (holding that circuit courts do not have jurisdiction to enter an order either vacating or retroactively affecting an administrative support order); Dep’t of Revenue v. Mohomed, 996 So. 2d 900, 901 (Fla. 5th DCA 2008) (explaining that “jurisdiction to retroactively review a final administrative support order is vested in the district courts of appeal not in the circuit courts”). Reversed. TAYLOR, HAZOURI and CIKLIN, JJ., concur.…
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Dep't OF Revenue v. Hoover, 40 So. 3d 99 (Fla. 5th DCA 2010)….. ”); § 409.2563(10)(a) (“The obligor has the [*102] right to seek judicial review of an administrative support order or a final order denying an administrative support order in accordance with s. 120.68.”); Dep’t of Rev. ex rel. Chevor v. Mahomed, 996 So. 2d 900, 901-02 (Fla. 5th DCA 2008). In administrative child support proceedings, the circuit court plays an important enforcement role because, unlike the Department, the circuit court can enforce administrative child support orders by using its contempt…
Authorities Cited
- State v. Manasala, 982 So. 2d 1257 (Fla. 1st DCA 2008)
- Dep't OF Revenue o/b/o Jason Thomas Lienhart v. Secor, 146 So. 3d 1250 (Fla. 2d DCA 2014)