CHRISTIAN RODRIGUEZ FERNANDEZ
v.
DEPARTMENT OF REVENUE, CHILD SUPPORT PROGRAM
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Christian Rodriguez Fernandez appeals a final administrative paternity and support order issued by the Florida Department of Revenue, Child Support Program without a hearing, seeking a reduction in his monthly child support obligation. The court affirms the Department's order imputing income to the father, but preserves his right to seek modification through administrative or circuit court proceedings.
The court affirmed the final administrative order, finding that the Department was authorized to enter the final order without a hearing because the father failed to request an administrative hearing, and that the record supports the imputation of income. The father may seek modification through administrative proceedings or by filing an action in circuit court.
[1] A party's failure to request an administrative hearing authorizes the Department of Revenue to enter a final child support order without conducting a hearing under Florid…
[2] A party may seek modification of a final child support order through either an administrative modification proceeding under section 409.2563(12) or by filing an action fo…
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Join FLexlaw to unlock all legal intelligenceThe father was subject to a final administrative paternity and support order issued by the Department of Revenue, Child Support Program. The father di…
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Opinion filed September 18, 2024. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D24-158 Lower Tribunal Nos. 2001789830, 13230013006FC ________________
Christian Rodriguez Fernandez,
Appellant,
vs.
Department of Revenue, Child Support Program, et al., Appellees. An appeal from the State of Florida Department of Revenue, Child Support Program. Christian Rodriguez Fernandez, in proper person. Ashley Moody, Attorney General, and Toni C. Bernstein, Senior Assistant Attorney General (Tallahassee), for appellee Department of Revenue. Before MILLER, LOBREE, and GOODEN, JJ. MILLER, J.
Appellant, Christian Rodriguez Fernandez, the father, appeals from a final administrative paternity and support order rendered by the Florida Department of Revenue, Child Support Program (the “Department”), without a hearing. On appeal, the father requests a reduction in his monthly child support obligation. The father failed to request an administrative hearing;
thus, the Department was authorized to enter the final order. See § 409.2563(7)(b)–(c), Fla. Stat. (2023). Finding that the record supports the imputation of income, we affirm. We do so, however, without prejudice. As commendably conceded by the Department, the father may seek an administrative modification of the final order as set forth in section 409.2563(12) or he may file an action to obtain a superseding order in the circuit court pursuant to section 409.2563(10)(c). See Brookshire v. Dep’t of Revenue, Child Support Enf’t, 288 So. 3d 709, 710 (Fla. 4th DCA 2020).
Affirmed.