| Florida State Profile |
|
| A. General/State-At-A-Glance |
| A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? |
| State Administered/State Operated. |
| A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? |
| 41 offices |
| A3. With what types of agencies do you have cooperative agreements? |
| Florida Attorney General; Miami-Dade County State Attorney's Office; County Sheriff's Departments; County Clerks of Court; Departments of Children and Families (public assistance), Financial Services, Business and Professional Regulation, Corrections, Health (Office of Vital Statistics and Medical Assurance), Highway Safety and Motor Vehicles, Law Enforcement, and Lottery; Federal District Courts; Utility companies; Agency for Workforce Innovation and Workforce Development Boards; Ounce of Prevention Fund of Florida/Florida's Commission on Responsible Fatherhood. |
| A4. Does your State have statutes that set forth the attorney-client relationship between the State's attorney and the agency only? |
| Yes. |
| A4.1. If yes, what is the statutory citation? |
Section 409.2564(5), Florida Statutes
For Additional Information -
http://www.leg.state.fl.us/statutes
/index.cfm?App_mode=Display_Statute&Search_
String=&URL=Ch0409/SEC2563.HTM&
Title=->2009->Ch0409->Section%202563#0409.2563 |
| A4.2. Did your State have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? |
| Yes |
| A4.3. If yes, please explain. |
| The Florida Supreme Court has adopted a rule that requires the IV-D attorney to notify parties that the attorney represents only the IV-D agency and not the individuals. |
| B. UIFSA |
 |
|
| B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? |
| 7/1/1997 |
| B2. What is the effective date of your State's UIFSA? |
| 7/1/1997 |
| B3. What is the statutory citation for your State's Act? |
Chapter 88, Florida Statutes.
For Additional Information -
http://www.leg.state.fl.us/statutes
/index.cfm?App_mode=Display_Statute&URL=
Ch0088/titl0088.htm&StatuteYear=2002&
Title=%2D%3E2002%2D%3EChapter%2088 |
| B4. What version of UIFSA has your state implemented (i.e. the 1996 or 2001 version)? |
| 1996 |
| B4.1. If your state has implemented the 2001 version, when was it implemented? |
| N/A |
| B5. Optional comments regarding your State's UIFSA. |
| N/A |
| C. Reciprocity |
|
|
| C1. With what foreign countries does your State reciprocate? |
| Australia, Austria, Bermuda, Canada (including Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland/Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Quebec, Saskatchewan, Yukon Territory), Czech Republic, Finland, Fiji, France, Germany, Hungary, Ireland, Jamaica, Norway, Poland, Portugal, Slovak Republic, South Africa, Sweden, United Kingdom (including England, Northern Ireland, Wales, and Scotland) |
| C1.1. Does your State exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal only orders for foreign reciprocating countries? |
| No |
| C1.2. If yes, please explain. |
| N/A |
| C2. Has your State established reciprocity with any Tribal courts? |
| No |
| C2.1. If yes, list the Tribes and identify services provided, if less than full services. |
| N/A |
| D. Age of Majority |
|
|
| D1. What is the age of majority in your State? |
| 18 |
| D2. What is the statutory citation for the age of majority? |
Section 61.14(9), Florida Statutes Section 743.07, Florida
Statutes.
For Additional Information -
http://www.leg.state.fl.us/statutes
/index.cfm?App_mode=Display_Statute
&Search_String=&
URL=Ch0743/SEC07.HTM&Title=->2002->
Ch0743->Section%2007 |
| D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. |
| 18 |
| D3. Does the date of the order impact what law is applied? |
| Yes |
| D4. If yes, please explain. |
| This statute operates prospectively and does not affect the rights and obligations existing prior to July 1, 1973. (s. 743.07(3), Fla. Stat.) |
| D4.1. Does child support end if the child leaves the household but does not emancipate? |
| No |
| D5. Optional comments regarding emancipation. |
| Child support terminates at age 18 unless otherwise ordered. |
| D5.1. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? |
| Yes |
| D6. If yes, please explain. |
| If child(ren) is/are declared legally dependent beyond that age due to mental or physical disability; the child is 18 and still in high school and will graduate prior to age 19; or support has otherwise been ordered to continue. |
| D6.1. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? |
| No |
| D7.1. If yes, please describe the procedure. |
|
| E. Statute of Limitations |
|
|
| E1. What is your State's statute of limitations for collection of past due support? |
| None, but to bar stale claims, 'laches'may apply. |
| E2. What is your State's statute of limitations for paternity establishment? |
4 years after the child's 18th birthday. Section 95.11(3)(b) Florida Statutes.
For Additional Information -
http://www.leg.state.fl.us/statutes
/index.cfm?mode=View%20Statutes&SubMenu=1&
App_mode=Display_Statute&Search_
String=95.11&URL=CH0095
/Sec11.HTM |
| E3. Is dormancy revival/renewal possible? |
| No |
| E3.1. Please explain the circumstances when possible, and the length of time possible. |
| N/A |
| F. Support Details |
|
|
| F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, and Melson Formula)? |
Income shares based on New Jersey model.
For Additional Information - No Link Provided |
| F2. Does your State charge interest on missed arrears? |
| Depository shall charge for final judgments by operation of law. (s. 61.14(6)(c), Fla. Stat.) |
| F2.1. If yes, please indicate the amount of interest charged and any related conditions. |
| Interest is charged on judgments. A missed payment becomes a judgment by operation of law. Interest rates on judgements are determined annually by the state Comptroller. |
| F3. Does your State charge interest on retroactive support? |
| No |
| F3.1. If yes, please indicate the amount of interest charged and any related conditions. |
| N/A |
| F4. Does your State charge interest on adjudicated arrears? |
| Yes |
| F4.1. If yes, please indicate the amount of interest charged and any related conditions. |
Interest rates on judgments are determined annually by the State Comptroller.
For Additional Information -
http://www.dbf.state.fl.us/interest.html |
| F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? |
| Yes |
| F5.1. If yes, under what circumstances? |
| Florida will enforce the uninsured portion of a medical bill only if a specific dollar amount is stated in the order. |
| F6. Does your state elect to recover costs or charge fees in your IV-D State Plan? |
| None. |
| F6.1. If yes, what costs are recovered from/fees charged to the obligee? |
| Application fee, annual $25 collection fee, fee for Income Tax and Administrative offsets. |
| F6.2. What costs are recovered from/fees charged to the obligor? |
| Obligor may be assessed costs by the court relating to paternity and/or support, modification and enforcement actions. |
| F7. Does your State recover costs on behalf of the initiating State? |
| Yes |
| F7.1. Optional comments regarding recovering of initiating State's fees. |
| None. |
| F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. |
Section 48.193, Florida Statutes, for children conceived on or after October 1, 1988. Section 88.2011, Florida Statutes (UIFSA), for causes of action that accrue on or after July 1, 1997.
For Additional Information -
http://www.leg.state.fl.us/statutes
/index.cfm?App_mode=Display_Statute&Search_String=&
URL=Ch0088/SEC2011.HTM&Title=->
2002->Ch0088->Section%202011 |
| F9. Does your State establish, enforce, or modify spousal maintenance orders? |
| Yes |
| F9.1. If yes, under what circumstances? |
| Florida will enforce spousal support order only in conjunction with a child support obligation, and if the child named in the child support order is residing with the individual for whom spousal support is ordered. |
| F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? |
| No |
| F10.1. Optional comments regarding required information on spouse or partner. |
In certain cases involving subsequently born children, this information may be required by s. 61.30(12), Florida Statutes. For additional information: http://www.leg.state.fl.us/statutes
/index.cfm?App_mode=Display_Statute&Search_String=&
URL=Ch0061/SEC30.HTM&Title=->
2002->Ch0061->Section%2030
|
| F11. How does your State impose and collect the mandatory annual fee applicable to IV-D cases for individuals who have never received IV-A assistance? |
| The state pays the fee out of our own fund. (Section 409.2567, Florida Statutes.) |
| F11.1. Does your State collect the fee by retaining the support collected on behalf of the individual (but not the first $500 collected)? |
| No |
| F11.2 Does your State collect the fee from the individual applying for IV-D s.ervices? |
| No |
| F11.3. Does your State collect the fee from the absent parent? |
| No |
| F11.4. Does your State pay the fee out of its own funds? |
| Yes |
| F12. When will your State implement the required DRA limited-assignment provision? |
| June 1, 2009 |
| F13. Will your State pass through (and disregard for TANF eligibility purposes) the Excepted Portion to Families in Current Assistance cases? |
| No |
| F13.1. If yes, provide the date. |
|
| F14. Will your State participate in the pass through in Former Assistance cases? |
| No |
| F14.1. If yes, provide the date. |
|
| F15. Will your State discontinue eligible assignments under the DRA of 2005? |
| Yes |
| F15.1. If yes, list the eligible assignments your State would discontinue. |
| Post 10/01/1997 Pre-Assistance Arrears/ Temporary Arrears/Conditional Arrears |
| F15.2. When will your State discontinue each type of assignment? |
| June 1, 2009 |
| F16. Will your State follow PRWORA distribution ordering rules or DRA distribution ordering rules in Former Assistance cases? |
| PRWORA |
| F17. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee? |
| |
| F17.1. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid-only with a different payee? |
| |
| F17.2. What are your State's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only? |
| |
| F17.3. How does your State collect the $25.00 annual fee on never-TANF cases? |
| |
| G. Income Withholding |
|
|
| G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? |
| Income Deduction |
| G2. What specific source of income is not subject to withholding? |
US Dept. of Veterans Affairs disability benefits, except as remuneration for employment defined in 42 USC, Section 659(a) and (h), public assistance benefits, and Unemployment Compensation are excluded from the definition of income for withholding purposes. However, the Title IV-D program can intercept unemployment compensation benefits pursuant to s. 443.051(3), Florida Statutes.
For Additional Information -
http://www.leg.state.fl.us/statutes
/index.cfm?App_mode=Display_Statute&Search_String=&
URL=Ch0443/SEC051.HTM&Title=->2002->
Ch0443->Section%20051 |
| G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? |
| No |
| G3.1. If yes, what are those limits? |
| N/A |
| G4. What is the allowable fee per pay period for processing income withholding payments? |
Administrative costs of $5.00 for the initial payment, and $2.00 for each subsequent payment, may be collected from the obligor's income. See Section 1301 (2) Florida Statutes.
For Additional Information -
http://www.leg.state.fl.us/statutes
/index.cfm?App_mode=Display_Statute&
Search_String=&
URL=Ch0061/Sec1301.HTM |
| G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? |
| No later than the first payment date which occurs more than 14 days after the date the income deduction notice was served on the payor. |
| G6. What is the date by which an employer must remit amounts withheld from an employee's pay? |
| Within 2 days after each date the obligor is entitled to payment from the payor. |
| G7. What are your State's procedures for sanctioning employers for not implementing income withholding? |
| Cases are reviewed by local IV-D attorneys for judicial enforcement. |
| G8. What is the penalty to an employer for failure to remit payments withheld? |
| A Payor may be held liable for the amount that should have been deducted, plus costs, interest, and reasonable attorney fees. |
| G9. Does your State allow direct income withholding of unemployment insurance (UI) benefits across State lines? |
| No |
| G9.1. If yes, list the name and address for the contact who will receive the direct income withholding order. |
| N/A |
| G9.2. Optional comments regarding direct withholding of UI benefits across state lines. |
| N/A |
| G10. Does your State allow direct income withholding of workers' compensation (WC) benefits across State lines? |
| Yes |
| G10.1. Optional comments regarding direct withholding of WC benefits across State lines. |
| The income withholding order/notice must be forwarded to the individual insurance carrier involved in the worker's compensation claim. |
| G11. How does an obligor contest income withholding in your State? |
| By filing a petition in court. However, the income deduction can only be contested based upon mistake of fact about the amount owed; mistake of fact about the amount of arrearage; or mistake of fact concerning the identity of the payor, obligor, or obligee. (s. 61.1301(1)(e), Florida Statutes) |
| G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). |
| When there is more than one income deduction notice against the same obligor, the amounts available for income deduction must be allocated among all obligee families as follows: (a) For computation purposes, all obligations must be converted to a common payroll frequency, and the percentage of deduction allowed under s.303(b) of the Consumer Credit Protection Act, 15 U.S.C. s. 1673(b), as amended, must be determined. The amount of income available for deduction is determined by multiplying that percentage by the obligor's net income. (b) If the total monthly support obligation to all families is less that the amount of income available for deduction, the full amount of each obligation must be deducted. (c) If the total monthly support obligation to all families is greater than the amount of income available for deduction, the amount of the deduction must be prorated, giving priority to current support, so that each family is allocated a percentage of the amount deducted. The percentage to be allocated to each family is determined by dividing each current support obligation by the total of all current support obligations. If the total of all current support obligations is less than the income available for deduction, and past due support is owed to more than one family, then the remainder of the available income must be prorated so that each family is allocated a percentage of the remaining income available for deduction. The percentage to be allocated to each family is determined by dividing each past due support obligation by the total of all past due support obligations. |
| G12.1. If an employer in your State receives more than one income withholding order for child support from other States; can the employer request your assistance? |
| Yes |
| G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. |
Allocation of support is addressed in s. 61.1301(4), Fla. Stat. (1998 Supp.).
For Additional Information -
http://www.leg.state.fl.us/statutes
/index.cfm?App_mode=Display_Statute&Search_String=&
URL=Ch0061/SEC1301.HTM&
Title=->2002->Ch0061->Section%201301 |
| G13. Does your State require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? |
| Yes |
| G14. When does your state require the employer to send notice of an employee's termination? |
When the payor no loner provides income to the obligor.
For Additional Information - No Link Provided |
| G15. How long should an employer retain the income-withholding order (IWO) after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? |
| N/A |
| G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? |
| No |
| G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? |
| Yes, obligor may pay electronically via a secure website (www.expertpay.com or www.myflorida.com). |
| G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? |
Yes. Direct income withholding can be sent to employers and to the individual insurance carrier involved in a worker's compensation claim.
For Additional Information - No Link Provided |
| G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. |
The amounts withheld for child, spousal, past due and medical support cannot exceed the amount under the Consumer Credit Protection Act (CCPA) in accordance with Florida Statutes. If the employer response indicates that state or federal withholding limitations and/or prioritization prevent the employer from withholding from the employee's income the amount required to obtain coverage under the terms of the plan. The employer shall withhold the maximum allowed by the CCPA in the following order: *Current support, as ordered *Premium payments for health insurance, as ordered *Past due support, as ordered, *Other medical support coverage, as ordered If the combined amount to be withheld for support and health insurance exceeds Consumer Credit Protection Act limits, the employer may not withhold the premium payment. However, the employer shall withhold the maximum allowed in the following order: *Current support, as ordered *Past due support, as ordered *Other medical support or coverage, as ordered
For Additional Information - No Link Provided |
| H. Paternity |
|
|
| H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? |
| Yes |
| H1.1. If yes, please explain. |
| By operation of state law, if a judgment of paternity contains no explicit award of custody, the establishment of a support obligation (or visitation rights) of one parent shall be considered a judgment granting custody to the other parent without prejudice. If a paternity judgment contains no such provision, custody shall be presumed to be with the mother. (s. 742.031(2), Florida Statutes) |
| H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
A percentage of 99% creates a rebuttable presumption of paternity. See ssection 409.256 (4) Florida Statutes.
For Additional Information -
http://www.leg.state.fl.us/statutes
/index.cfm?App_mode=Display_Statute&
Search_String=742.10&
URL=Ch0409/Sec256.HTM |
| H3. Optional comments regarding paternity acknowledgment conclusive legislation. |
| N/A |
| H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? |
| 7/1/1997 |
| H4.1. Were acknowledgments prior to that effective date rebuttable? |
| Yes |
| H4.2. Optional comments regarding paternity acknowledgments prior to that date. |
| None |
| H5. Does marriage constitute a rebuttable presumption of paternity? |
| Yes |
| H5.1. If yes, how is the presumption rebutted? |
| Burden of proof is on the person challenging the presumption. |
| H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? |
| No |
| H6.1. If no, briefly explain. |
Existence of the father's name on the birth certificate does not necessarily indicate that paternity has been established. Prior to July 1, 1997, the father's name could be placed on the birth certificate by the mother, with no determination of paternity. Effective July 1, 1997, the father's name may not be entered on the birth certificate of a child born out of wedlock, unless he executes an affidavit acknowledging paternity, or upon adjudication of paternity by a court of law.
For Additional Information -
http://www.leg.state.fl.us/statutes
/index.cfm?mode=View%20Statutes&SubMenu=1&
App_mode=Display_Statute&Search_String=742.10&
URL=CH0742/Sec10.HTM |
| H7. Does your State have any other paternity-related presumptions? |
| No |
| H7.1. If yes, briefly explain. |
N/A
For Additional Information - No Link Provided |
| H8. Does your State have a putative fathers' registry? |
| No |
| H8.1. If yes, what is the name of that entity? |
| N/A |
| H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? |
| Yes |
| H9.1. If yes, please describe any circumstances under which these fees may be waived. |
| Yes. Certified copies of birth certificates may be obtained from the Office of Vital Statistics (OVS) for $19.00. Fees are required for searches based on the number of calendar years that must be searched. Waiver of fee is at discretion of the OVS. |
| H10. Is common law marriage recognized in your State? |
| Yes |
| H10.1. If yes, briefly describe the standard that defines common law marriage. |
Common-law marriages were abolished by statute as of January 1, 1968. However, the statute affects only those relationships entered into after January 1, 1968 and does not render void common-law marriages in existence on that date.
For Additional Information - http://www.leg.state.fl.us/
statutes
/index.cfm?mode=View%20Statutes&SubMenu=1&
App_mode=Display_Statute&
Search_String=common+law+marriage&URL=
CH0741/Sec211.HTM |
| H10.2. When did your current common law standard go into effect? |
| 1/1/1968 |
| H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? |
| Florida court decisions are in conflict on the standard. |
| H11. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) |
| Depositions to preserve testimony; prearranged teleconferencing is used upon judicial request; interrogatories, and affidavits. |
| H12. Please give the statutory citation for your State's long arm statute and list any special provisions. |
Section 48.193, Florida Statutes, for children conceived on or after October 1, 1988. Chapter 88, Florida Statutes (UIFSA) for children conceived on or after July 1, 1997.
For Additional Information - http://www.leg.state.fl.us/
statutes
/index.cfm?App_mode=Display_Statute&Search_String=&
URL=Ch0048/SEC193.HTM&
Title=->2001->Ch0048->Section%20193 |
| H13. Does your State recover genetic testing costs for other States? |
| Yes |
| H13.1. If so, please explain. |
| Upon request by the other state. |
| H14. List any documents required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? |
| An acknowledgement of paternity or court order or administrative order extablishing paternity. |
| H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? |
| 7/1/1997 |
| H16. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? |
| One packet with separate paternity affidavit for each child. |
| I. Support Order Establishment |
|
|
| I1. Does your State use an administrative, a judicial or a combined process to establish a support obligation? |
| Both. |
| I1.1. If your State can establish under both, under what circumstances would the administrative process be used? |
| If paternity has been established, or is presumed by law and there is no existing support order (including those orders that reserve jurisdiction on support, orders that establish a zero support amount, or medical support only orders). |
| I1.2. Under what circumstances would the judicial process be used? |
| Foster care cases, change-of-payee cases, Medicaid-only cases where the custodial parent or caretaker relative does not want the Department of Revenue to address child support issues, judicial referrals already in progress, and cases previously dismissed (except for lack of service or record activity). Additionally, if the cases do not meet the criteria for the administrative establishment of support as listed in question I1.1, or if the noncustodial parent makes a timely request for a judicial determination of support. |
| I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. |
Sections 409.2563 and 120.80(14)(c), Florida Statutes (2002).
For Additional Information - http://www.leg.state.fl.us/
statutes
/index.cfm?App_mode=Display_Statute&Search_String=&
URL=Ch0409/SEC2563.HTM&
Title=->2002->Ch0409->Section%202563 |
| I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) |
The other parent's income is also considered. In limited circumstances, the income of the child(ren) or new spouse may be considered.
For Additional Information - No Link Provided |
| I3. What criteria for rebutting your presumptive guidelines have been established in your State? |
The trier of fact must make written findings explaining why ordering the guideline amount would be unjust or inappropriate.
For Additional Information - http://www.leg.state.fl.us/
statutes
/index.cfm?mode=View%20Statutes&SubMenu=1&
App_mode=Display_Statute&Search_String=
61.30&URL=CH0061/
Sec30.HTM |
| I4. Will your State establish support orders for prior periods? |
| Yes |
| I4.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? |
| In an initial determination of child support, retroactive support can be established back to the date the parents did not reside together in the same household with the child, not to exceed 24 months preceding the filing of the petition, even if date of separation precedes the petition. |
| I4.2. What information or documentation does your State require to proceed? |
Evidence relevant to proving the criteria listed in I4.1
For Additional Information - No Link Provided |
| I4.3. Will your State allow a petition for support when the only issue is retroactive support? |
| Yes |
| I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. |
| See I4.1 |
| I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? |
Paternity, establishment, modification and some enforcement actions.
For Additional Information - http://www.leg.state.fl.us/statutes
/index.cfm?StatuteYear=2009&AppMode=Display_Results&
Mode=Search%2520Statutes&Submenu=2&Tab=statutes&
Search_String=409.2563 |
| I6. What is your State's statutory authority for the administrative process? |
409.2563, 409.256, 409.2598, 61.13016 Florida Statutes.
For Additional Information - http://www.leg.state.fl.us/statutes
/index.cfm?mode=View%20Statutes&SubMenu=1&
App_mode=Display_Statute&Search_String=409.256&
URL=CH0409/Sec256.HTM
|
| I7. Is there a local State law that allows an interstate administrative subpoena? |
Yes. 409.2564(7)
For Additional Information - No Link Provided |
| I8. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? |
No
For Additional Information - No Link Provided |
| I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? |
| No |
| I10. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? |
| No |
| I11. When your State has issued an order that reserves support, and now child support should be ordered, should the other State request an establishment or a modification action? |
| Modification |
| J. Support Enforcement |
|
|
| J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both? |
|
| J1.1. Are your State income tax refund procedures judicial, administrative, or both? |
| N/A |
| J2. Is the lien process in your State judicial, administrative or both? |
| Both |
| J2.1. What are the trigger criteria for filing a lien? |
Real Property - any delinquency; Personal Property - $600 Arrearage
For Additional Information - No Link Provided |
| J2.2. Where are your State liens filed? |
| Real Property - Clerks of Court; Personal Property - Department of Highway and Safety Motor Vehicles |
| J2.3. Does your State charge a fee for filing a lien? |
| Yes |
| J2.4. If yes, please indicate the amount. |
| Real Property-None. Out of State - $6+4.50/ pg; Personal Property -$7 Motor Vehicles/ Vessels, $1.50 |
| J.3. Does your State enforce property seizure and sale? |
| Yes |
| J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
| Personal Property- Judicial. |
| J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? |
| Administrative |
| J4.1. When must a NCP receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect delinquent child support? |
| When case becomes delinquent |
| J4.2. Does your State's income withholding definition includes amounts in financial institutions? |
| No
For Additional Information - No Link Provided |
| J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? |
| Yes |
| J4.3.1 If yes, who notifies the NCP, the State or financial institution? |
| State |
| J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? |
| After assets are frozen |
| J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? |
| A levy action is initiated on a case with a delinquency/arrearage greater than two times the monthly obligation and greater than $600.00. Trust accounts, recipients of SSI and state or federal welfare are exempted. |
| J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? |
$600.00
For Additional Information - No Link Provided |
| J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? |
| Yes. |
| J5.3. 1. If yes, please provide the time frame. |
| 60 days. If levy is contested, the freeze period is extended indefinitely until the contest is resolved by a final order, and during the 30 day appeal period that follows. |
| J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? |
| No |
| J5.4.1. If yes, please provide the percentage. |
| Not a percentage, but the amount past due. |
| J5.4.2. Is the percentage different for joint accounts? |
| No |
| J5.4.3. If yes, please define. |
| We release any funds proven to be from a joint account. |
| J5.5. Does your State require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so, please provide the amount. |
| No limit. |
| J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? |
| N/A |
| J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? |
21 days
For Additional Information - No Link Provided |
| J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your State child support agency or court to challenge the Freeze and Seize action? |
| If administrative and dismissed without prejudice, then 20 days to refile. If petition was denied, 30 days to appeal and must request a stay of order within 10 days. |
| J5.9. On what basis can an obligor and/or other account holders challenge/contest a freeze and seize action? |
See above
For Additional Information - No Link Provided |
| J5.10. Is your State's complaint review process judicial, administrative or both? |
| Both |
| J5.11. What are your State's penalties for incorrect seizures? |
| None unless court ordered. |
| J5.12. Is the second challenge administrative, judicial or both? |
| Both |
| J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
| 21 days from receipt of notice. Obligor may request judicial or administrative hearing, but not both. Non-debtor has same appeal rights as obligor. |
| J5.14. Is the Freeze and Seize operation in your state centralized or automated? |
| Centralized. In process of being automated. |
| J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? |
| IV-D agency cannot seize prior to 31st day after obligor notified unless obligor consents in writing. Deposits into an account during the freeze period are frozen. Funds proven to belong exclusively to a non-debtor are exempt from levy. |
| J5.16. Has your State established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? |
| No |
| J5.16.1. If yes, what is the amount? |
| N/A |
| J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? |
| Yes |
| J5.17.1 If yes, please provide the State statutory citation and the procedures financial institutions should follow to liquidate non-liquid assets. |
Section 409.25657 Florida Statutes.
For Additional Information - http://www.leg.state.fl.us/statutes
/index.cfm?mode=View%20Statutes&SubMenu=1&
App_mode=Display_Statute&Search_String=409.25657&
URL=CH0409/Sec25657.HTM |
| J5.18. Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period? |
Financial Institution. See section 409.25656(10) Florida Statutes.
For Additional Information - http://www.leg.state.fl.us/statutes
/index.cfm?mode=View%20Statutes&SubMenu=1&
App_mode=Display_Statute&Search_String=409.25656&
URL=CH0409/Sec25656.HTM
|
| J5.19. How long does the Financial Institution have to send the obligor's assets to your State child support enforcement agency? |
10 days after receipt of levy
For Additional Information - No Link Provided |
| J6. Does your State withhold State funds or benefits? |
| Yes |
| J6.1. If yes, is the method of withholding State benefits judicial, administrative, or both? |
| Both. Unemployment compensation may be withheld if provided for in the support order, automatic lottery intercept for winnings of $600 or higher. Unclaimed property, and state retirement benefits may also be withheld. Administrative process, unless the obligor petitions the court for relief. |
| J7. Please describe any other administrative enforcement procedures your State may have. |
| Judgment by operation of law (clerk of court)/ vessel registration/driver/recreational/business/professional license/suspension. |
| J8. Please describe any other judicial enforcement procedures your State may have. |
| Contempt of court; criminal non-support referrals to the States Attorney's Office for prosecution; order of commitment or writ of bodily attachment. |
| J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow? |
None at this time.
For Additional Information - No Link Provided |
| J10. Which of our State's enforcement remedies are available without registration? |
| Income deduction. |
| J11. Describe your State's registration and enforcement procedures. |
| Concurrent actions. A support order or income-withholding order of another state may be registered in Florida by sending the following documents and information to the appropriate tribunal in this state: the transmittal #1, two copies, including one certified copy, of all orders to be registered, including any modification of an order; a registration statement; a certified statement of arrearage by the petitioner or custodian of records. The order is registered by filing with the Clerk of Court. Administrative enforcement activities are initiated immediately. If unsuccessful, jusdicial enforcement proceedings are started. |
| J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. |
| If administrative enforcement activities are unsuccessful, judicial enforcement/contempt may proceed. |
| J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
| Yes |
| J13.1. If yes, please provide the statutory citation. |
Section 55.501, Fla. Stat.
For Additional Information -
http://www.leg.state.fl.us/statutes
/index.cfm?App_mode=Display_Statute&Search_String=&
URL=Ch0055/SEC501.HTM&
Title=->2002->Ch0055->Section%20501 |
| J14. Does your State's law require financial institutions doing business in your State to accept Freeze and Seize actions directly from other States? |
| No |
| J14.1. If no, describe the process for a Freeze and Seize action from another State's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). |
| Case will have to be set up and registered in Florida and then Florida will do freeze action. |
| J15. Does your State use credit bureau reporting as an enforcement method? |
|
| J15. Does your State use credit bureau reporting as an enforcement method? |
| Yes |
| J16. Provide which credit bureaus your State report an obligor's child support information? |
| Experian, TransUnion, Equifax |
| J16. Provide which credit bureaus your State report an obligor's child support information? |
|
| J17. Is the method for credit bureau reporting judicial, administrative or both? |
|
| J17. Is the method for credit bureau reporting judicial, administrative or both? |
| Administrative |
| J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? |
|
| J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? |
| The responding state |
| J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? |
|
| J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? |
| The overdue support owed in the case must be equal to or greater than two times the monthly obligation (if a current support or arrears obligation exists) and the delinquency in the case must be equal to or greater than $400.00. |
| K. Modification and Review/Adjustment |
|
|
| K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? |
| Non-public assistance cases reviewed upon request of either parent;TANF cases are reviewed automatically every three years. |
| K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? |
| Non-TANF cases reviewed upon request of either parent; TANF cases are reviewed automatically every three years. |
| K3. Briefly describe your State's modification procedure. |
| Upon request of either parent, the department will review support award amounts and/or medical support provisions of the order. For reviews conducted less than three years from the most recent order or less than three years from the last review, a substantial change in circumstances must be shown to warrant modification. Change of circumstances in these cases can be established if a review indicates that the support order is inconsistent with current guidelines in an amount more than 15% or $50.00 of the original support award, whichever is greater. For reviews conducted at least three years after the most recent order or most recent review, if the review indicates that the support order is inconsistent with current guidelines in an amount more than 10% or $25.00 of the orginal support award, whichever is greater, the order will be modified. |
| K4. What are your criteria for modification (e.g., $50 or 20% from present order)? |
| When the review occurs less than three years since entry of the current support order or completion of the last review for modification, modification will occur if the review indicates that the support order is inconsistent with current guidelines in an amount more than 15% or %50.00 of the original support award, whichever is greater. When the review occurs at least three years after entry of the current support order or completion of the last review for modification, modification will occur if the review indicates that the support order is inconsistent with current guidelines in an amount more than 10% or $25.00, whichever is greater, from present order. |
| K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? |
|
| K5.1. The earnings of the obligor have substantially increased or decreased. |
| Yes |
| K5.2. The earnings of the obligee have substantially increased or decreased. |
| Yes |
| K5.3. The needs of a party or the child(ren) have substantially increased or decreased. |
| Yes |
| K5.4. The cost of living as measured by the Federal Bureau of Labor Statistics has changed. |
| No |
| K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. |
| Yes |
| K5.6. There has been a substantial change in child care expenses. |
| Yes |
| K5.7. What other criteria does your State use for demonstrating a change in circumstances or comments regarding change of circumstances? |
| Any other facts showing a substantial change in the child's need or a parent's ability to pay, provided the thresholds identified in K3 above are met. |
| K6. Does your State have cost of living adjustments (COLAs)? |
| No |
| K6.1. If so, what index does your State use? |
| N/A |
| K7. How does your State credit SSA disability to current and past due support? |
| When establishing an order, once we calculate guidelines, the amount of the child's benefit is deducted from the NCP's portion of the monthly need. If the benefit amount exceeds the NCP's portion of the monthly need, no current support is ordered. For obligated cases, if we become aware that the child is receiving disability benefits as a child of a disabled individual, we initiate a review and adjustment of the case. Any benefits received prior to the modification would need to be addressed by the court to decide if any past due support should be credited for benefits received. |
| K8. Does your State abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the non-custodial parent is in prison, etc. |
| No |
| K8.1. If yes, please explain the situation? |
| N/A |
| K8.2. What is the statutory citation for your abatement law? |
N/A
For Additional Information - No Link Provided |
| K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
| For modification of support, certified payment record, statement of arrears |
| K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
| Send transmittal 3 request to the Florida Central Registry. The request will be forwarded to the Office fo Vital Statistics. There is a fee of $19.00 for Certified copies of birth certificates. |
| K9. What information is required to register an out-of-State order for enforcement/modification? |
| Certified copy and one copy of the order to be registered; Certified copy of arrears; Registration Statement |
| L. Lump Sum Payments |
|
|
| L1. Does your State define a lump sum payment? |
| Yes |
| L1.1 If yes, please provide your State's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? |
| Per statute, 'Income' means any form of payment to an individual, regardless of source, including, but not limited to: wages, salary, commissions and bonuses, compensation as an independent contractor, worker's compensation, disability benefits, annuity and retirement benefits, pensions, dividends, interest, royalties, trusts, and any other payments, made by any person, private entity, federal or state government, or any unit of local government. U.S. Department of Veterans Affairs disability benefits and Unemployment Compensation, as defined in chapter 443, are excluded from this definition of income except for purposes of establishing an amount of support. |
| L1.2 Provide the statutory citation. |
61.1301 Florida Statutes directs whether a payor shall deduct all, a specified portion or no income which is paid in the form of a bonus or other similar one-time payment, up to the amount of arrearage reported in the income deduction notice or the remaining balance thereof.
For Additional Information -
http://www.leg.state.fl.us/statutes
/index.cfm?mode=View%20Statutes&SubMenu=1&
App_mode=Display_Statute&Search_String=
61.046,+F.S.&
URL=CH0061/Sec046.HTM |
| L2. Does your State law require employers to report lump sum payments? |
| No |
| L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. |
N/A
For Additional Information - No Link Provided |
| L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? |
| No |
| L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
| N/A |
| L4. How are employers instructed to report a pending lump sum? |
| The IDN provides instructions to employers |
| L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. |
| Per Agency procedures, 48 hours. |
| L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? |
| This is not addressed in law, agency policy, or procedures |
| L7. Does your State use the income withholding order to attach the lump sum payment? |
| Yes |
| L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? |
| Yes - Noted in original order |
| L8. Does your State use the lien/levy process to attach the lump sum payment? |
| No |
| L8.1 If yes, what is the name of the document your State uses to attach lump sum payment? |
| N/A |
| L9. What other documents does your State use to attach lump sum payments? |
| N/A |
| L10. Does your State require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? |
| No |
| L10.1 If yes, what are those limits? |
N/A
For Additional Information - No Link Provided |
| L10.2 If no, what percentage is the employer required to withhold? |
| Percentage is addressed by the court in the order and subsequent IDN to the employer. |
| L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? |
| No |
| L11.1 If yes, would the employer only withhold for that period's obligation? |
| N/A |
| M. Insurance Match |
|
|
| M1. The CCPA limits may apply to any insurance payments issued as an income loss replacement. Additional information on the legislative authority is provided. |
| For Additional Information - http://www.dol.gov/esa/whd/regs/compliance/whdfs30.pdf |
| M1.1. Additional information on the CCPA. |
For Additional Information -
http://www.dol.gov/dol/allcfr/Title_29/Chapter_V.htm |
| M2. Does your State have legislation that requires/mandates insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? |
| No |
| M2.1. If yes, provide the statutory citation |
N/A
For Additional Information - No Link Provided |
| M2.1.2. Provide a list of information that the insurer is required to provide, exchange, or look-up with your State IV-D agency. |
| |
| M2.2. Provide the required timeframe that an insurer must provide, exchange, or look-up information prior to making payments to the claimant. |
| Yes |
| M2.3. List the criteria that must be met for an obligor to be eligible for your State's insurance match, exchange, look-up, or intercept program. Is the law limited to specific claimants (e.g., policyholder, beneficiary, joint policy holder), types of claims (e.g., life, property & casualty, or workers' compensation), or specific policies (e.g., annuities, short term/long term disabilities)? |
| |
| M2.4. Is there a monetary threshold that must be met for the obligor to be eligible for your State's insurance match program? Please provide the dollar amount and/or percentage of the threshold. |
| Delinquency of $600.00 or greater and no payment received in past 45 days OR a past due amount greater than $5000.00. |
| M2.5. Provide a description of the steps the law requires an insurer to take to determine whether a claimant owes past due child support (e.g., insurers are required to log into a secure web application and enter identifying information about the claimant). |
| Approximately $30.00 for CSLN |
| M2.6. Please provide the wording of any other provision in your State law that specifies an alternative method or measure that an insurer may take to comply with the terms of the State law requiring the insurer to either provide, exchange, or look-up information with your State IV-D agency to determine if the claimant owes past due child support (e.g., if the insurer participates in the OCSE Insurance Match Program, the requirement is satisfied). |
| N/A |
| M2.7. Does your State law establish a penalty for an insurer who fails to comply with a requirement to provide, exchange, or look-up information with the State IV-D agency to determine whether a claimant owes past-due child support? If so, provide a summary of that law. |
| For Additional Information - No Link Provided |
| M2.8. Does your State law protect an insurer from liability for acting in accordance with the insurance match law? |
| |
| M2.9. If there is no law in place, has your State proposed or introduced legislation to require/mandate insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? |
| No
For Additional Information - No Link Provided |
| M3. If there is no law in place, are the insurers required to respond to subpoenas/ requests for information and liens/levies or IWOs? |
| |
| M3.1. Please provide the statutory citation. |
| For Additional Information - No Link Provided |
| M4. List the form(s) your State uses to intercept insurance payments, settlements, or awards. (e.g., IWO, Notice of Lien/Levy). |
| |
| M5. Who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency? |
| CSE |
| M5.1. Please provide your statutory citation for notifying an NCP of insurance intercept. |
No statutory citation.
For Additional Information - No Link Provided |
| M5.2. Once notified, is there an appeal period allocated and if so, indicate the number of days the NCP has to appeal. Please provide the statutory citation. |
| For Additional Information - No Link Provided |
| M6. Are there attorney fees associated with the insurance intercept activity? |
| |
| M7. How does another State initiate and intercept collections from your State Workers Compensation agency? |
| |
| M7.1. What is the process, the points of contact, and what forms must be completed? |
| |
|
