The Department of Revenue, Child Support, and YOU.

child-support

If the Department of Revenue has sent you a Notice that they are initiating a Child Support Administrative case on behalf of your child, YOU MUST NOT SIT BACK AND WAIT. Make sure you fill out any forms and/or answer any questions that they ask. If you simply fail to reply they will initiate the action, establish support based on whatever information they have (and/or information provided by your ex), and garnish your wages.

You can also file a Petition in Circuit Court and put the Department on Notice that you have initiated a Circuit Court Case to establish Child Support. “[I]f the parent from whom support is being sought files an action in circuit court and serves the department with a copy of the petition within 20 days after being served notice under this subsection, the administrative process ends without prejudice and the action must proceed in circuit court.” Fl. Stat. 409.2563(2)(n).

If it is too late, and you failed to answer or reply to any Department actions and your wages are already being garnished, NOW IS THE TIME TO ACT! Do not wait! The Department’s Administrative Order will continue to be enforced until a Circuit Court enters a Superseding Order. The longer you wait to take action, the more your arrears will continue to add up. Don’t wait, call me today. I can help.

Child Support is based on the Statutory Guidelines set by the Florida legislature based on both parent’s combined monthly income. The Dept. of Revenue can only establish support based on these guidelines and does not have any jurisdiction to establish paternity (it contested), timesharing, custody, or parental responsibilities. However, the Circuit Court has the jurisdiction to establish paternity, timesharing, parental responsibilities as well as base your child support on the timesharing schedule. When you participate in your child’s life through timesharing at least 20% of the time then you may be entitled to a reduction in support based on the amount of timesharing you enjoy.

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