Florida Regulations 12E-1.030: Administrative Establishment of Child Support Obligations
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(1) Introduction. Florida Statutes § 409.2563, authorizes the Department to administratively establish child support obligations when it is providing services under Title IV-D of the Social Security Act.
(2) Definitions. For purposes of this rule:
(a) “”Address of record”” means the address to which all administrative proposed orders, final orders, and other notices are mailed. The address of record is established as the active mailing or residential address maintained for the party by the Department that is listed on the initial notice that is served on the respondent. If the party provides a new address in writing after service of the initial notice, the new address is designated the address of record and all subsequent documents associated with the administrative proceeding action will be mailed to that address.
(b) “”Administrative Support Order,”” as defined by Section 409.2563(1)(a) F.S., is also referred to as “”Final Administrative Support Order,”” or “”Final Order”” and may include payment of noncovered medical expenses.
(c) “”Amended Proposed Administrative Support Order,”” or “”Amended Proposed Order”” is a modified Proposed Order issued by the Department to correct an error or reflect new information that changes the terms of the original or subsequent Proposed Order.
(d) “”Emancipated”” means the status of a minor child who has become an adult on reaching 18 years of age, by order of the court, by marriage, or by other means provided by law.
(e) “”Income deduction order”” means an administrative final order rendered by the Department directing an employer or other payor of income to deduct support payments from the income of a parent who is ordered to pay support.
(f) “”Legal services provider”” means a program attorney as defined in Florida Statutes § 409.2554(9)
(g) “”Long-arm jurisdiction”” refers to the conditions listed in Sections 48.193(1)(a) and 88.2011, F.S., that allow the Department to assert personal jurisdiction over a respondent who does not reside in Florida.
(h) “”Notice of Proceeding to Establish an Administrative Support Order,”” or “”Initial Notice”” means the notice served on the respondent that states the Department has started a proceeding to establish an administrative support order.
(i) “”Petitioner,”” or “”petitioning parent”” means the parent or caregiver with whom the child resides.
(j) “”Public assistance”” means temporary cash assistance, food assistance, Medicaid, or any combination thereof.
(k) “”Respondent”” means the parent from whom the Department is seeking support.
(3) Case Selection Criteria.
(a) As allowed by Section 409.2563 (2)(c), F.S., the Department is authorized to establish a support obligation administratively.
(b) The Department does not establish an administrative support obligation when:
1. The child is in foster care,
2. There is a court order of support for a payee with whom the child no longer resides,
3. The Department does not have an active residential or mailing address for the respondent,
4. There is a court order that only addresses health care insurance or noncovered medical expenses,
5. There is a court order that establishes an ongoing support obligation, a retroactive support amount, or reserves jurisdiction to establish a support obligation,
6. In accordance with Florida Statutes § 409.2579(4), the Department has reason to believe that the disclosure of information on the whereabouts of one party or the child to another person may result in physical or emotional harm to the party or the child,
7. Either parent is a minor, or
8. The respondent does not reside in Florida and long-arm jurisdiction is not applicable.
(4) Obtaining Cooperation from the Petitioner.
(a) If a case is eligible for establishment of an administrative support order the Department must obtain cooperation from the petitioner before serving notice on the respondent. To obtain cooperation, the Department mails the petitioner Form CS-ES96, Request for Information Administrative Support Action, incorporated herein by reference, effective 11/20, (http://www.flrules.org/Gateway/reference.asp?No=Ref-12344); the Financial Affidavit Administrative Proceeding (CS-OA11); the Parent Information Form (CS-OA12); and the Title IV-D Standard Parenting Time Plan (CS-OA250), except as provided by paragraph (6)(a). Forms CS-OA11 and CS-OA12 are incorporated by reference in Fl. Admin. Code R. 12E-1.036 Form CS-OA250 is available at www.floridarevenue.com/childsupport/parenting_time_plans. The petitioner has 20 days after the mailing date of the forms to complete and return them. If the action was requested by another state’s Title IV-D agency, the petitioner has 45 days after the mailing date of the forms to complete and return them.
(b) If the petitioner returns the forms timely, the Department shall proceed to serve the respondent with an Initial Notice as described in subsection (5) below.
(c) If the forms are not returned timely, the Department shall initiate case closure for petitioners not receiving public assistance. For petitioners receiving Medicaid or food assistance, the Department shall report noncooperation to the Department of Children and Families as required by section 409.2572 F.S., and initiate case closure. If the petitioner is receiving temporary cash assistance for the child, the Department shall prepare a financial affidavit for the petitioner as authorized by Section 61.30(15) F.S.
(5) Initial Notice.
(a) The Department uses Form CS-OA01, Notice of Proceeding to Establish Administrative Support Order (incorporated by reference in Fl. Admin. Code R. 12E-1.036), to inform the respondent that the Department has initiated an administrative proceeding to establish a support obligation. This notice is referred to as the “”Initial Notice.””
1. Along with the Initial Notice, the Department shall provide the respondent with the following documents:
a. Financial Affidavit Administrative Support Proceeding (CS-OA11),
b. Parent Information Form Administrative Support Proceeding (CS-OA12); and,
c. Title IV-D Standard Parenting Time Plan (CS-OA250), except as provided by paragraph (6)(a).
2. The Department shall mail the petitioner a copy of the Initial Notice provided to the respondent, along with Form CS-OA06, Notice to Parent or Caregiver of Administrative Proceeding (incorporated by reference in Fl. Admin. Code R. 12E-1.036).
(b) The Department is authorized to serve the Initial Notice as provided by Florida Statutes § 409.2563(4) The Department considers the Initial Notice to be properly served if:
1. Someone other than the respondent signs the certified mail receipt and the Department confirms with the respondent by telephone or in-person that the respondent received the Initial Notice,
2. The signature on the certified mail receipt is illegible, but the Department confirms it is the respondent’s by comparing it to another source such as Department of Highway Safety and Motor Vehicles DAVID database, or the Department confirms with the respondent by telephone or in-person that the respondent received the Initial Notice, or
3. The Department does not receive confirmation of receipt, but the respondent returns the financial affidavit or other information in response to the Initial Notice. Service is complete if the respondent submits anything in writing that shows the respondent received the Initial Notice.
(6) Title IV-D Standard Parenting Time Plan.
(a) The Department will provide a Title IV-D Standard Parenting Time Plan, form CS-OA250, to each parent as required by Florida Statutes § 409.25633, unless:
1. Florida is not the child’s home state,
2. One or both parents do not reside in Florida,
3. Either parent has requested nondisclosure for fear of harm from the other parent,
4. The parent who owes support is incarcerated, or
5. The parent owed support is a caregiver.
(b) If both parents agree to, sign, and return a parenting time plan to the Department before an administrative Final Order is entered, the parenting time plan will be incorporated into the Final Order. Both parents do not need to sign the same form. If the parents have a judicially established parenting time plan, the plan will not be incorporated in the administrative order.
(7) Proceeding in Circuit Court as an Alternative to the Administrative Process.
(a) As allowed by Sections 409.2563(4)(l) and (m), F.S., the respondent may file a support action in circuit court and serve the Department with a copy of the petition. The respondent must have the petition served on the Deputy Agency Clerk as specified by the Initial Notice, within 20 days after the date the respondent is served the Initial Notice. If the Department is served timely, the administrative proceeding ends and the case proceeds in circuit court. If the respondent files a petition in circuit court, but does not serve the Department in the 20-day time frame, the Department will continue with the administrative establishment proceeding. If the petition is served on the Department timely, the Department will mail the petitioning parent or caregiver Form CS-OA88, Dismissal of Administrative Proceeding (incorporated by reference in Fl. Admin. Code R. 12E-1.036).
(b) Respondent Asks the Department to Proceed in Circuit Court. The respondent may ask the Department to stop the administrative proceeding and proceed in circuit court. The respondent must make this request in writing and the request must be received by the Department within 20 days after being served the Initial Notice. The request from the respondent must state that the respondent requests the Department proceed with the determination of the support obligation in circuit court or that the respondent states his or her intentions to address custody matters or parental rights issues in circuit court. Oral requests are not accepted. If the respondent files a timely request for the Department to file an action in circuit court, the Department will send the respondent Form CS-OA247, Request for Court Action Status Update (incorporated by reference in Fl. Admin. Code R. 12E-1.036). The Department sends the petitioning parent Form CS-OA248, Notice of Court Action Financial Affidavit Needed for Court (incorporated by reference in Fl. Admin. Code R. 12E-1.036). The Department then sends the petitioning parent Form CS-PO31, Family Law Financial Affidavit (incorporated by reference, in Fl. Admin. Code R. 12E-1.036). When the petitioning parent returns the CS-PO31, the Department will file a petition with the clerk of court to determine the support obligation and obtain a civil case number. If the petitioning parent does not return the CS-PO31, the Department shall initiate case closure if the petitioning parent is not receiving public assistance. If the petitioning parent is receiving Medicaid or food assistance, the Department shall report noncooperation to the Department of Children and Families as required by Florida Statutes § 409.2572, and initiate case closure. If the petitioning parent is receiving temporary cash assistance for the child, the Department shall prepare a financial affidavit for the other parent as authorized by Florida Statutes § 61.30(15)
(c) When the Department receives a stamped copy of the petition back from the clerk, it sends a copy of the petition to the respondent by certified mail, return receipt requested. Along with the copy of the petition, the Department sends Form CS-OA18, Notice of Commencement of Action and Request for Waiver of Service of Process Administrative Paternity Proceeding (incorporated by reference in Fl. Admin. Code R. 12E-1.036). The Department also sends two copies of Form CS-OA19, Waiver of Service of Process (incorporated by reference in Fl. Admin. Code R. 12E-1.036). If the respondent is represented by an attorney, the Department sends the packet of forms and petition to the respondent’s attorney. The respondent has 10 days from the receipt of these forms to sign and complete one copy of the CS-OA19 and return it to the Department. If the Department does not receive the signed completed CS-OA19 within 10 days, it proceeds with the establishment of the support obligation administratively. The Department will also file a voluntary dismissal of the civil case with the clerk of court and mail a copy of the voluntary dismissal to the respondent. If the respondent completes and returns the CS-OA19 within 10 days, the Department sends the petitioner the Dismissal of Administrative Proceeding CS-OA88 form. The Department will then end the administrative proceeding and proceed in circuit court.
(8) Proposed Administrative Support Order.
(a) After the Department serves the respondent with the Initial Notice in accordance with paragraph (5)(b), no sooner than 20 days after service, the Department shall calculate the respondent’s support obligation using the child support guidelines in Florida Statutes § 61.30 If the respondent does not provide financial information within the time required by Sections 409.2563(13)(a) and (b), F.S., the Department shall impute income as provided by Section 61.30(2)(b) or 409.2563(5), F.S., as applicable.
(b) Calculation of the respondent’s retroactive support obligation shall be in accordance with Florida Statutes § 61.30(17) Retroactive support shall be addressed in an initial determination of child support.
(c) The Department shall prepare Form CS-OA20, Proposed Administrative Paternity and Support Order (incorporated by reference in Fl. Admin. Code R. 12E-1.036), which for purposes of this rule is entitled Proposed Administrative Support Order, that establishes the terms of the support obligation and includes, at a minimum, all elements contained in Section 409.2563(7)(e), F.S. The Department shall mail the Proposed Order to the respondent by regular mail to the respondent’s address of record. The Proposed Order shall include a notice of rights that informs the respondent of the right to an informal discussion with the Department, the right to a formal administrative hearing, and the right to consent to the entry of an Administrative Support Order. Copies of the child support guidelines worksheet prepared by the Department and the financial affidavit submitted by the other parent are mailed with the Proposed Order. The Department shall provide a copy of the Proposed Order and its attachments to the petitioner at the petitioner’s address of record.
(d) The Proposed Order must include an explanation of any deviations from the guidelines the Department considered when calculating the support obligation and any retroactive support owed.
(e) Except as provided by paragraph (6)(a), a blank Title IV-D Standard Parenting Time Plan is included with Form CS-OA20 when the parents do not provide a parenting time plan of their own or do not agree to the Title IV-D Standard Parenting Time Plan.
(f) If additional facts or information become available to the Department that materially changes the Proposed Order, the Department shall prepare an amended Proposed Administrative Paternity and Support Order, using Form CS-OA20 (from now on referred to as the Amended Proposed Order). An Amended Proposed Order shall include guideline worksheets to explain the changes and the requirements established in Section 409.2563(5)(a), F.S. The Department does not amend the Proposed Order if the additional facts or information become available after the respondent has requested an administrative hearing. Any additional facts or information are addressed at the hearing.
(9) Informal Discussions.
(a) The respondent may ask the Department to informally discuss the proposed order as authorized by Section 409.2563(5)(c)5., F.S.
(b) If the respondent asks for an informal discussion within 10 days of the date the Department mailed the Proposed Order, the Department shall extend the time limit for the respondent to request a hearing. The Department shall extend the time limit to 10 days from the date the Department notifies the respondent the informal discussions have ended. The Department will use Form CS-OA32, Notice of Conclusion of Informal Discussion Administrative Paternity Proceeding (incorporated by reference in Fl. Admin. Code R. 12E-1.036), to inform the respondent the informal discussions have ended. The deadline for asking for an administrative hearing will not occur before 20 days from the date the Department mailed the Proposed Order to the respondent regardless of when the informal discussions have ended.
(c) The respondent may contact the Department to discuss the case at any time, however, contact outside the time frame referenced in paragraph (9)(b), does not extend the time to request a hearing. If the respondent asks the Department for an informal discussion outside of the time frame referenced above, the Department shall send the respondent Form CS-OA35, Notice of Late Request for Informal Discussion Administrative Proceeding (incorporated by reference in Fl. Admin. Code R. 12E-1.036), and inform the respondent that the Department will discuss the Proposed Order with the respondent, but will not extend the time to request an administrative hearing.
(d) The following types of contact do not constitute a request for informal discussion:
1. The respondent has general questions about the Department’s Child Support Program or the respondent’s case,
2. The respondent’s questions do not affect the terms of the Proposed Order,
3. The respondent’s questions are answered during a customer contact, or
4. The respondent provides new information but does not include a request for informal discussion.
(e) If the respondent does not appear for an appointment or reschedule a missed appointment to discuss the Proposed Order, the time to request an administrative hearing is not extended.
(f) At the end of the informal discussion, the Department shall mail the respondent Form CS OA32, Notice of Conclusion of Informal Discussion Administrative Paternity Proceeding.
(10) Request for Administrative Hearing.
(a) To request an administrative hearing, the respondent must submit a written request to the Department’s Deputy Agency Clerk at the address provided in the Proposed Order.
(b) The Department must receive the request for an administrative hearing no later than 20 days after the mailing date of the Proposed Order. If the respondent requests and is granted an informal discussion, the deadline for seeking an administrative hearing is 10 days from the date the Department informs the respondent the informal discussion ended using the Notice of Conclusion of Informal Discussion Administrative Paternity Proceeding (Form CS-OA32).
(c) The Department acknowledges all timely hearing requests received by the Deputy Agency Clerk using Form CS-OA55, Acknowledgment of Hearing Request Administrative Proceeding (incorporated by reference in Fl. Admin. Code R. 12E-1.036).
(d) If the request is received timely, the Department sends the request to the Florida Division of Administrative Hearings. The Division of Administrative Hearings notifies the Department, respondent, and petitioner in writing of the date, time, and place of the hearing.
(e) If the Department receives an untimely request for an administrative hearing, the Department denies the request and sends the respondent the Acknowledgment of Hearing Request Administrative Proceeding (Form CS-OA55). This form notifies the respondent that the request was not timely and the Department will proceed without a hearing.
(f) If the Department determines that an administrative hearing is appropriate, it may refer the proceeding to the Division of Administrative Hearings without issuing a Proposed Administrative Support Order. The Department may ask for an administrative hearing and the Division of Administrative Hearings shall conduct an administrative hearing to determine the support obligation when:
1. The Department is not able to determine the income of the respondent, or
2. The amount of income claimed by one party is disputed by the other party.
(11) Final Administrative Support Orders. The Department uses Form CS-OA40, Final Administrative Paternity and Support Order (incorporated by reference in Fl. Admin. Code R. 12E-1.036) to establish the support obligation. Section 409.2563(7)(e), F.S., sets the requirement for the Final Administrative Support Order and the minimum requirements for the content of the order. In addition to the Final Administrative Support Order, the Department enters an Income Deduction Order as part of the Final Administrative Support Order. The respondent is responsible for making the ordered payments to the State Disbursement Unit until the income deduction begins. Once rendered, a Final Administrative Support Order has the same force and effect as a court order and it remains in effect until the Department modifies it, or it is vacated as described in subsection (17), or it is superseded by a court order. If an administrative hearing is held, the administrative law judge shall issue an administrative support order, or a final order denying an administrative support order. If both parents agree to, sign, and return a parenting time plan to the Department before an administrative Final Order is entered, the parenting time plan will be incorporated into the Final Order. If a parenting time plan is not incorporated into the Final Order, the Department will provide each parent a blank Petition to Establish a Parenting Time Plan, except as provided by paragraph (6)(a). The Petition to Establish a Parenting Time Plan is available at www.floridarevenue.com/childsupport/parenting_time_plans.
(12) A respondent may consent to the entry of a final order any time after the receipt of the Initial Notice. To do this, the respondent must complete and return Form CS-PO384, Waiver of Opt-Out Administrative Proceeding (incorporated by reference in Fl. Admin. Code R. 12E-1.036), after the respondent receives the Initial Notice Packet. If the respondent returns the Waiver of Opt-Out Administrative Proceeding, Financial Affidavit, and Parent Information Form, the Department sends the respondent Form CS-ES97, Waiver of Administrative Hearing (incorporated by reference in Fl. Admin. Code R. 12E-1.036). The Department also sends a copy of the Proposed Administrative Support Order discussed in subsection (8), of this rule. If the respondent completes and returns the CS-ES97, the Department need not wait 27 days from sending the Proposed Order to complete and render a Final Administrative Paternity and Support Order, CS-OA40. If the respondent does not return the CS-ES97, the Department waits at least 27 days after sending the Proposed Order before completing a Final Administrative Paternity and Support Order.
(13) Judicial Enforcement of Administrative Support Order. The Department may initiate judicial enforcement of an administrative support order by filing a petition for enforcement of administrative support order in circuit court. To do this, the Department must serve the respondent with a summons and a copy of the petition. If the circuit court issues an order enforcing the administrative support order, and the respondent does not comply, the Department may initiate contempt proceedings for violation of the court order.
(14) Modifying an Administrative Support Order.
(a) The Department files a petition in circuit court for a superseding order when support for an additional child of the same parents needs to be established or a child needs to be removed from the order.
(b) A parent or caregiver may request orally or in writing that the Department review an administrative support order in accordance with Fl. Admin. Code R. 12E-1.041
(c) The Department notifies the parents or caregiver, as applicable, when it begins a proceeding to modify an administrative support order issued by the Department.
1. The Department uses a Proposed Order to Modify Administrative Support Order (Form CS-OA120R), hereby incorporated by reference, effective 09/23, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15857), when a support order review indicates a modification is appropriate. If the party who does not request the review responds to the Department during the review, the Department sends the proposed order by regular mail to both parties at their addresses of record. If the non-requesting party does not participate in the support order review, the Department attempts to serve the proposed order on the non-requesting party by certified mail or personal service. If the party is not served by certified mail or personal service, the Department sends the non-requesting party the proposed order by regular mail to the non-requesting party’s address of record. If the proposed order is not contested by either party within 30 days after service by certified mail or personal service, or 35 days after the notice is sent by regular mail, the Department prepares and renders a Final Modified Administrative Support Order (Form CS-OA140R), hereby incorporated by reference, effective 09/23, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15858). Under Section 409.2563(13)(c), F.S., a party to an administrative proceeding has a continuing duty to provide the Department with a current mailing address after being served with an initial notice under paragraph (5)(b) of this rule, and the party is presumed to receive a subsequent notice, proposed order or other document mailed to the party’s address of record including a proposed order to modify support.
2. The Proposed Order to Modify Administrative Support Order includes the same notices as specified in subsection (8) of this rule.
3. Except as provided by paragraph (6)(a), a blank Title IV-D Standard Parenting Time Plan is included with Form CS-OA120R and CS-OA140R when the parents do not provide a parenting time plan of their own or do not agree to a Title IV-D Standard Parenting Time Plan. If a parenting time plan is not incorporated into the Final Modified Administrative Order, the Department will provide each parent a blank Petition to Establish a Parenting Time Plan, except as provided by paragraph (6)(a). The Petition to Establish a Parenting Time Plan is available at www.floridarevenue.com/childsupport/parenting_time_plans.””
(15) Termination of an Administrative Support Order or Support Obligation.
(a) The Department issues a Notice of Intent to Terminate Support, Determine Arrears and Establish Payment on Arrears (CS-OA160) when:
1. The parents reside together with the child(ren);
2. The child(ren) for whom support is ordered permanently resides with the parent who is ordered to pay support;
3. The child(ren) for whom support is ordered permanently resides with a person other than the parent to whom support is owed or the parent who is ordered to pay support and that person is unknown, not responsive to the Department, or does not want the Department’s services.
4. The parent who is ordered to pay support begins receiving Supplemental Security Income (SSI) after the support order is rendered;
5. The parent who is ordered to pay support has no income, is permanently disabled, and provides a doctor’s statement that the parent is permanently disabled and unable to work; or
6. A court has terminated the parental rights of the parent who is ordered to pay support.
(b) The Department sends the notice by regular mail to each parent or caregiver, as applicable, at the address of record with the Department in accordance with Section 409.2563(13)(c), F.S. Form CS-OA160, Notice of Intent to Terminate Support, Determine Arrears and Establish Payment on Arrears, is hereby incorporated by reference, effective 09/23, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15859).
(c) If a timely petition for an administrative hearing is filed with the Department in response to the notice, the Department refers the proceeding to the Division of Administrative Hearings in accordance with Florida Statutes § 409.2563(6) If the notice is not contested, the Department renders a Final Order Terminating Support, Determining Arrears and Establishing Payment on Arrears (CS-OA178). Form CS-OA178 is hereby incorporated by reference, effective 09/23, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15860).
(d) The Department terminates an administrative support order under paragraph (a) when retroactive support or past-due support is not owed, or if retroactive support or past-due support are owed, none is assigned to the state, and the parent to whom retroactive support or past-due support is owed waives it in writing, except when a parenting time plan is incorporated into a final administrative support order.
(e) The Department terminates the support obligation prospectively, determines arrears and establishes payment on arrears when there are grounds for termination under paragraph (a) and retroactive support or past-due support are owed and not waived by the person to whom it is owed. The administrative support order is not terminated.
(f) A parent or caregiver may request the Department to terminate an administrative support order or support obligation. Requests must made be in writing and may be made using Request to Terminate Support (CS-OA179). Form CS-OA179 is hereby incorporated by reference, effective 09/23, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15861). The request must include the following information:
1. Name of the parent or caregiver making the request;
2. Name of the other parent;
3. Child support case number or depository number;
4. Name of the child(ren) named in the order;
5. Specific reasons for the request to terminate; and,
6. Documentation that supports the request to terminate, if any.
(g) The Department evaluates requests to terminate an administrative support order or support obligation and issues a Notice of Intent to Terminate Support, Determine Arrears and Establish Payment on Arrears (CS-OA160) if the request and supporting documentation meet the criteria in paragraph (a). If the request does not meet the criteria, the Department mails the parent or caregiver the Response to Request to Terminate Support (CS-OA180). Form CS-OA180 is hereby incorporated by reference, effective 09/23, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15862).
(16) Dismissing the Administrative Support Proceeding. At any time before the entry of a Final Administrative Support Order, the Department may end the administrative proceeding and either close the case or proceed judicially. Instances when the Department will not proceed administratively include: a previous judicial support order for the children is provided by a party; the parties currently reside together as an intact family; or all the children reside with the respondent. When the Department decides to end the administrative proceeding, it will send the Dismissal of Administrative Proceeding form, CS-OA88, to the parties.
(17) Vacating Administrative Support Orders.
(a) The Department vacates an administrative support order when the order is rendered in error resulting in a fundamental defect, such as a lack of jurisdiction and other reasons listed in subparagraphs 1. through 3. Case situations that require vacating the administrative support order include:
1. The Department becomes aware of a support order that predates the administrative support order.
2. Information provided to the Department by another state was in error causing Florida to render an order when it did not have the authority.
3. The case did not meet the criteria listed in subsection (3).
(18) Forms. Members of the public may obtain copies of the forms used in this rule chapter incorporated by reference, without cost, by writing to the Florida Department of Revenue, Mail Stop 2-4814, 5050 West Tennessee Street, Tallahassee, Florida 32399.
Rulemaking Authority 61.13(1)(b)7., 61.14(1)(d), 409.2557(3)(p), 409.2563(16), 409.25633(9) FS. Law Implemented 409.2563, 409.25633 FS. History-New 9-19-17, Amended 1-17-18, 9-17-18, 8-28-19, 11-12-20, 11-21-21, 10-26-22, 9-14-23.
Terms Used In Florida Regulations 12E-1.030
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Summons: Another word for subpoena used by the criminal justice system.
(a) “”Address of record”” means the address to which all administrative proposed orders, final orders, and other notices are mailed. The address of record is established as the active mailing or residential address maintained for the party by the Department that is listed on the initial notice that is served on the respondent. If the party provides a new address in writing after service of the initial notice, the new address is designated the address of record and all subsequent documents associated with the administrative proceeding action will be mailed to that address.
(b) “”Administrative Support Order,”” as defined by Section 409.2563(1)(a) F.S., is also referred to as “”Final Administrative Support Order,”” or “”Final Order”” and may include payment of noncovered medical expenses.
(c) “”Amended Proposed Administrative Support Order,”” or “”Amended Proposed Order”” is a modified Proposed Order issued by the Department to correct an error or reflect new information that changes the terms of the original or subsequent Proposed Order.
(d) “”Emancipated”” means the status of a minor child who has become an adult on reaching 18 years of age, by order of the court, by marriage, or by other means provided by law.
(e) “”Income deduction order”” means an administrative final order rendered by the Department directing an employer or other payor of income to deduct support payments from the income of a parent who is ordered to pay support.
(f) “”Legal services provider”” means a program attorney as defined in Florida Statutes § 409.2554(9)
(g) “”Long-arm jurisdiction”” refers to the conditions listed in Sections 48.193(1)(a) and 88.2011, F.S., that allow the Department to assert personal jurisdiction over a respondent who does not reside in Florida.
(h) “”Notice of Proceeding to Establish an Administrative Support Order,”” or “”Initial Notice”” means the notice served on the respondent that states the Department has started a proceeding to establish an administrative support order.
(i) “”Petitioner,”” or “”petitioning parent”” means the parent or caregiver with whom the child resides.
(j) “”Public assistance”” means temporary cash assistance, food assistance, Medicaid, or any combination thereof.
(k) “”Respondent”” means the parent from whom the Department is seeking support.
(3) Case Selection Criteria.
(a) As allowed by Section 409.2563 (2)(c), F.S., the Department is authorized to establish a support obligation administratively.
(b) The Department does not establish an administrative support obligation when:
1. The child is in foster care,
2. There is a court order of support for a payee with whom the child no longer resides,
3. The Department does not have an active residential or mailing address for the respondent,
4. There is a court order that only addresses health care insurance or noncovered medical expenses,
5. There is a court order that establishes an ongoing support obligation, a retroactive support amount, or reserves jurisdiction to establish a support obligation,
6. In accordance with Florida Statutes § 409.2579(4), the Department has reason to believe that the disclosure of information on the whereabouts of one party or the child to another person may result in physical or emotional harm to the party or the child,
7. Either parent is a minor, or
8. The respondent does not reside in Florida and long-arm jurisdiction is not applicable.
(4) Obtaining Cooperation from the Petitioner.
(a) If a case is eligible for establishment of an administrative support order the Department must obtain cooperation from the petitioner before serving notice on the respondent. To obtain cooperation, the Department mails the petitioner Form CS-ES96, Request for Information Administrative Support Action, incorporated herein by reference, effective 11/20, (http://www.flrules.org/Gateway/reference.asp?No=Ref-12344); the Financial Affidavit Administrative Proceeding (CS-OA11); the Parent Information Form (CS-OA12); and the Title IV-D Standard Parenting Time Plan (CS-OA250), except as provided by paragraph (6)(a). Forms CS-OA11 and CS-OA12 are incorporated by reference in Fl. Admin. Code R. 12E-1.036 Form CS-OA250 is available at www.floridarevenue.com/childsupport/parenting_time_plans. The petitioner has 20 days after the mailing date of the forms to complete and return them. If the action was requested by another state’s Title IV-D agency, the petitioner has 45 days after the mailing date of the forms to complete and return them.
(b) If the petitioner returns the forms timely, the Department shall proceed to serve the respondent with an Initial Notice as described in subsection (5) below.
(c) If the forms are not returned timely, the Department shall initiate case closure for petitioners not receiving public assistance. For petitioners receiving Medicaid or food assistance, the Department shall report noncooperation to the Department of Children and Families as required by section 409.2572 F.S., and initiate case closure. If the petitioner is receiving temporary cash assistance for the child, the Department shall prepare a financial affidavit for the petitioner as authorized by Section 61.30(15) F.S.
(5) Initial Notice.
(a) The Department uses Form CS-OA01, Notice of Proceeding to Establish Administrative Support Order (incorporated by reference in Fl. Admin. Code R. 12E-1.036), to inform the respondent that the Department has initiated an administrative proceeding to establish a support obligation. This notice is referred to as the “”Initial Notice.””
1. Along with the Initial Notice, the Department shall provide the respondent with the following documents:
a. Financial Affidavit Administrative Support Proceeding (CS-OA11),
b. Parent Information Form Administrative Support Proceeding (CS-OA12); and,
c. Title IV-D Standard Parenting Time Plan (CS-OA250), except as provided by paragraph (6)(a).
2. The Department shall mail the petitioner a copy of the Initial Notice provided to the respondent, along with Form CS-OA06, Notice to Parent or Caregiver of Administrative Proceeding (incorporated by reference in Fl. Admin. Code R. 12E-1.036).
(b) The Department is authorized to serve the Initial Notice as provided by Florida Statutes § 409.2563(4) The Department considers the Initial Notice to be properly served if:
1. Someone other than the respondent signs the certified mail receipt and the Department confirms with the respondent by telephone or in-person that the respondent received the Initial Notice,
2. The signature on the certified mail receipt is illegible, but the Department confirms it is the respondent’s by comparing it to another source such as Department of Highway Safety and Motor Vehicles DAVID database, or the Department confirms with the respondent by telephone or in-person that the respondent received the Initial Notice, or
3. The Department does not receive confirmation of receipt, but the respondent returns the financial affidavit or other information in response to the Initial Notice. Service is complete if the respondent submits anything in writing that shows the respondent received the Initial Notice.
(6) Title IV-D Standard Parenting Time Plan.
(a) The Department will provide a Title IV-D Standard Parenting Time Plan, form CS-OA250, to each parent as required by Florida Statutes § 409.25633, unless:
1. Florida is not the child’s home state,
2. One or both parents do not reside in Florida,
3. Either parent has requested nondisclosure for fear of harm from the other parent,
4. The parent who owes support is incarcerated, or
5. The parent owed support is a caregiver.
(b) If both parents agree to, sign, and return a parenting time plan to the Department before an administrative Final Order is entered, the parenting time plan will be incorporated into the Final Order. Both parents do not need to sign the same form. If the parents have a judicially established parenting time plan, the plan will not be incorporated in the administrative order.
(7) Proceeding in Circuit Court as an Alternative to the Administrative Process.
(a) As allowed by Sections 409.2563(4)(l) and (m), F.S., the respondent may file a support action in circuit court and serve the Department with a copy of the petition. The respondent must have the petition served on the Deputy Agency Clerk as specified by the Initial Notice, within 20 days after the date the respondent is served the Initial Notice. If the Department is served timely, the administrative proceeding ends and the case proceeds in circuit court. If the respondent files a petition in circuit court, but does not serve the Department in the 20-day time frame, the Department will continue with the administrative establishment proceeding. If the petition is served on the Department timely, the Department will mail the petitioning parent or caregiver Form CS-OA88, Dismissal of Administrative Proceeding (incorporated by reference in Fl. Admin. Code R. 12E-1.036).
(b) Respondent Asks the Department to Proceed in Circuit Court. The respondent may ask the Department to stop the administrative proceeding and proceed in circuit court. The respondent must make this request in writing and the request must be received by the Department within 20 days after being served the Initial Notice. The request from the respondent must state that the respondent requests the Department proceed with the determination of the support obligation in circuit court or that the respondent states his or her intentions to address custody matters or parental rights issues in circuit court. Oral requests are not accepted. If the respondent files a timely request for the Department to file an action in circuit court, the Department will send the respondent Form CS-OA247, Request for Court Action Status Update (incorporated by reference in Fl. Admin. Code R. 12E-1.036). The Department sends the petitioning parent Form CS-OA248, Notice of Court Action Financial Affidavit Needed for Court (incorporated by reference in Fl. Admin. Code R. 12E-1.036). The Department then sends the petitioning parent Form CS-PO31, Family Law Financial Affidavit (incorporated by reference, in Fl. Admin. Code R. 12E-1.036). When the petitioning parent returns the CS-PO31, the Department will file a petition with the clerk of court to determine the support obligation and obtain a civil case number. If the petitioning parent does not return the CS-PO31, the Department shall initiate case closure if the petitioning parent is not receiving public assistance. If the petitioning parent is receiving Medicaid or food assistance, the Department shall report noncooperation to the Department of Children and Families as required by Florida Statutes § 409.2572, and initiate case closure. If the petitioning parent is receiving temporary cash assistance for the child, the Department shall prepare a financial affidavit for the other parent as authorized by Florida Statutes § 61.30(15)
(c) When the Department receives a stamped copy of the petition back from the clerk, it sends a copy of the petition to the respondent by certified mail, return receipt requested. Along with the copy of the petition, the Department sends Form CS-OA18, Notice of Commencement of Action and Request for Waiver of Service of Process Administrative Paternity Proceeding (incorporated by reference in Fl. Admin. Code R. 12E-1.036). The Department also sends two copies of Form CS-OA19, Waiver of Service of Process (incorporated by reference in Fl. Admin. Code R. 12E-1.036). If the respondent is represented by an attorney, the Department sends the packet of forms and petition to the respondent’s attorney. The respondent has 10 days from the receipt of these forms to sign and complete one copy of the CS-OA19 and return it to the Department. If the Department does not receive the signed completed CS-OA19 within 10 days, it proceeds with the establishment of the support obligation administratively. The Department will also file a voluntary dismissal of the civil case with the clerk of court and mail a copy of the voluntary dismissal to the respondent. If the respondent completes and returns the CS-OA19 within 10 days, the Department sends the petitioner the Dismissal of Administrative Proceeding CS-OA88 form. The Department will then end the administrative proceeding and proceed in circuit court.
(8) Proposed Administrative Support Order.
(a) After the Department serves the respondent with the Initial Notice in accordance with paragraph (5)(b), no sooner than 20 days after service, the Department shall calculate the respondent’s support obligation using the child support guidelines in Florida Statutes § 61.30 If the respondent does not provide financial information within the time required by Sections 409.2563(13)(a) and (b), F.S., the Department shall impute income as provided by Section 61.30(2)(b) or 409.2563(5), F.S., as applicable.
(b) Calculation of the respondent’s retroactive support obligation shall be in accordance with Florida Statutes § 61.30(17) Retroactive support shall be addressed in an initial determination of child support.
(c) The Department shall prepare Form CS-OA20, Proposed Administrative Paternity and Support Order (incorporated by reference in Fl. Admin. Code R. 12E-1.036), which for purposes of this rule is entitled Proposed Administrative Support Order, that establishes the terms of the support obligation and includes, at a minimum, all elements contained in Section 409.2563(7)(e), F.S. The Department shall mail the Proposed Order to the respondent by regular mail to the respondent’s address of record. The Proposed Order shall include a notice of rights that informs the respondent of the right to an informal discussion with the Department, the right to a formal administrative hearing, and the right to consent to the entry of an Administrative Support Order. Copies of the child support guidelines worksheet prepared by the Department and the financial affidavit submitted by the other parent are mailed with the Proposed Order. The Department shall provide a copy of the Proposed Order and its attachments to the petitioner at the petitioner’s address of record.
(d) The Proposed Order must include an explanation of any deviations from the guidelines the Department considered when calculating the support obligation and any retroactive support owed.
(e) Except as provided by paragraph (6)(a), a blank Title IV-D Standard Parenting Time Plan is included with Form CS-OA20 when the parents do not provide a parenting time plan of their own or do not agree to the Title IV-D Standard Parenting Time Plan.
(f) If additional facts or information become available to the Department that materially changes the Proposed Order, the Department shall prepare an amended Proposed Administrative Paternity and Support Order, using Form CS-OA20 (from now on referred to as the Amended Proposed Order). An Amended Proposed Order shall include guideline worksheets to explain the changes and the requirements established in Section 409.2563(5)(a), F.S. The Department does not amend the Proposed Order if the additional facts or information become available after the respondent has requested an administrative hearing. Any additional facts or information are addressed at the hearing.
(9) Informal Discussions.
(a) The respondent may ask the Department to informally discuss the proposed order as authorized by Section 409.2563(5)(c)5., F.S.
(b) If the respondent asks for an informal discussion within 10 days of the date the Department mailed the Proposed Order, the Department shall extend the time limit for the respondent to request a hearing. The Department shall extend the time limit to 10 days from the date the Department notifies the respondent the informal discussions have ended. The Department will use Form CS-OA32, Notice of Conclusion of Informal Discussion Administrative Paternity Proceeding (incorporated by reference in Fl. Admin. Code R. 12E-1.036), to inform the respondent the informal discussions have ended. The deadline for asking for an administrative hearing will not occur before 20 days from the date the Department mailed the Proposed Order to the respondent regardless of when the informal discussions have ended.
(c) The respondent may contact the Department to discuss the case at any time, however, contact outside the time frame referenced in paragraph (9)(b), does not extend the time to request a hearing. If the respondent asks the Department for an informal discussion outside of the time frame referenced above, the Department shall send the respondent Form CS-OA35, Notice of Late Request for Informal Discussion Administrative Proceeding (incorporated by reference in Fl. Admin. Code R. 12E-1.036), and inform the respondent that the Department will discuss the Proposed Order with the respondent, but will not extend the time to request an administrative hearing.
(d) The following types of contact do not constitute a request for informal discussion:
1. The respondent has general questions about the Department’s Child Support Program or the respondent’s case,
2. The respondent’s questions do not affect the terms of the Proposed Order,
3. The respondent’s questions are answered during a customer contact, or
4. The respondent provides new information but does not include a request for informal discussion.
(e) If the respondent does not appear for an appointment or reschedule a missed appointment to discuss the Proposed Order, the time to request an administrative hearing is not extended.
(f) At the end of the informal discussion, the Department shall mail the respondent Form CS OA32, Notice of Conclusion of Informal Discussion Administrative Paternity Proceeding.
(10) Request for Administrative Hearing.
(a) To request an administrative hearing, the respondent must submit a written request to the Department’s Deputy Agency Clerk at the address provided in the Proposed Order.
(b) The Department must receive the request for an administrative hearing no later than 20 days after the mailing date of the Proposed Order. If the respondent requests and is granted an informal discussion, the deadline for seeking an administrative hearing is 10 days from the date the Department informs the respondent the informal discussion ended using the Notice of Conclusion of Informal Discussion Administrative Paternity Proceeding (Form CS-OA32).
(c) The Department acknowledges all timely hearing requests received by the Deputy Agency Clerk using Form CS-OA55, Acknowledgment of Hearing Request Administrative Proceeding (incorporated by reference in Fl. Admin. Code R. 12E-1.036).
(d) If the request is received timely, the Department sends the request to the Florida Division of Administrative Hearings. The Division of Administrative Hearings notifies the Department, respondent, and petitioner in writing of the date, time, and place of the hearing.
(e) If the Department receives an untimely request for an administrative hearing, the Department denies the request and sends the respondent the Acknowledgment of Hearing Request Administrative Proceeding (Form CS-OA55). This form notifies the respondent that the request was not timely and the Department will proceed without a hearing.
(f) If the Department determines that an administrative hearing is appropriate, it may refer the proceeding to the Division of Administrative Hearings without issuing a Proposed Administrative Support Order. The Department may ask for an administrative hearing and the Division of Administrative Hearings shall conduct an administrative hearing to determine the support obligation when:
1. The Department is not able to determine the income of the respondent, or
2. The amount of income claimed by one party is disputed by the other party.
(11) Final Administrative Support Orders. The Department uses Form CS-OA40, Final Administrative Paternity and Support Order (incorporated by reference in Fl. Admin. Code R. 12E-1.036) to establish the support obligation. Section 409.2563(7)(e), F.S., sets the requirement for the Final Administrative Support Order and the minimum requirements for the content of the order. In addition to the Final Administrative Support Order, the Department enters an Income Deduction Order as part of the Final Administrative Support Order. The respondent is responsible for making the ordered payments to the State Disbursement Unit until the income deduction begins. Once rendered, a Final Administrative Support Order has the same force and effect as a court order and it remains in effect until the Department modifies it, or it is vacated as described in subsection (17), or it is superseded by a court order. If an administrative hearing is held, the administrative law judge shall issue an administrative support order, or a final order denying an administrative support order. If both parents agree to, sign, and return a parenting time plan to the Department before an administrative Final Order is entered, the parenting time plan will be incorporated into the Final Order. If a parenting time plan is not incorporated into the Final Order, the Department will provide each parent a blank Petition to Establish a Parenting Time Plan, except as provided by paragraph (6)(a). The Petition to Establish a Parenting Time Plan is available at www.floridarevenue.com/childsupport/parenting_time_plans.
(12) A respondent may consent to the entry of a final order any time after the receipt of the Initial Notice. To do this, the respondent must complete and return Form CS-PO384, Waiver of Opt-Out Administrative Proceeding (incorporated by reference in Fl. Admin. Code R. 12E-1.036), after the respondent receives the Initial Notice Packet. If the respondent returns the Waiver of Opt-Out Administrative Proceeding, Financial Affidavit, and Parent Information Form, the Department sends the respondent Form CS-ES97, Waiver of Administrative Hearing (incorporated by reference in Fl. Admin. Code R. 12E-1.036). The Department also sends a copy of the Proposed Administrative Support Order discussed in subsection (8), of this rule. If the respondent completes and returns the CS-ES97, the Department need not wait 27 days from sending the Proposed Order to complete and render a Final Administrative Paternity and Support Order, CS-OA40. If the respondent does not return the CS-ES97, the Department waits at least 27 days after sending the Proposed Order before completing a Final Administrative Paternity and Support Order.
(13) Judicial Enforcement of Administrative Support Order. The Department may initiate judicial enforcement of an administrative support order by filing a petition for enforcement of administrative support order in circuit court. To do this, the Department must serve the respondent with a summons and a copy of the petition. If the circuit court issues an order enforcing the administrative support order, and the respondent does not comply, the Department may initiate contempt proceedings for violation of the court order.
(14) Modifying an Administrative Support Order.
(a) The Department files a petition in circuit court for a superseding order when support for an additional child of the same parents needs to be established or a child needs to be removed from the order.
(b) A parent or caregiver may request orally or in writing that the Department review an administrative support order in accordance with Fl. Admin. Code R. 12E-1.041
(c) The Department notifies the parents or caregiver, as applicable, when it begins a proceeding to modify an administrative support order issued by the Department.
1. The Department uses a Proposed Order to Modify Administrative Support Order (Form CS-OA120R), hereby incorporated by reference, effective 09/23, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15857), when a support order review indicates a modification is appropriate. If the party who does not request the review responds to the Department during the review, the Department sends the proposed order by regular mail to both parties at their addresses of record. If the non-requesting party does not participate in the support order review, the Department attempts to serve the proposed order on the non-requesting party by certified mail or personal service. If the party is not served by certified mail or personal service, the Department sends the non-requesting party the proposed order by regular mail to the non-requesting party’s address of record. If the proposed order is not contested by either party within 30 days after service by certified mail or personal service, or 35 days after the notice is sent by regular mail, the Department prepares and renders a Final Modified Administrative Support Order (Form CS-OA140R), hereby incorporated by reference, effective 09/23, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15858). Under Section 409.2563(13)(c), F.S., a party to an administrative proceeding has a continuing duty to provide the Department with a current mailing address after being served with an initial notice under paragraph (5)(b) of this rule, and the party is presumed to receive a subsequent notice, proposed order or other document mailed to the party’s address of record including a proposed order to modify support.
2. The Proposed Order to Modify Administrative Support Order includes the same notices as specified in subsection (8) of this rule.
3. Except as provided by paragraph (6)(a), a blank Title IV-D Standard Parenting Time Plan is included with Form CS-OA120R and CS-OA140R when the parents do not provide a parenting time plan of their own or do not agree to a Title IV-D Standard Parenting Time Plan. If a parenting time plan is not incorporated into the Final Modified Administrative Order, the Department will provide each parent a blank Petition to Establish a Parenting Time Plan, except as provided by paragraph (6)(a). The Petition to Establish a Parenting Time Plan is available at www.floridarevenue.com/childsupport/parenting_time_plans.””
(15) Termination of an Administrative Support Order or Support Obligation.
(a) The Department issues a Notice of Intent to Terminate Support, Determine Arrears and Establish Payment on Arrears (CS-OA160) when:
1. The parents reside together with the child(ren);
2. The child(ren) for whom support is ordered permanently resides with the parent who is ordered to pay support;
3. The child(ren) for whom support is ordered permanently resides with a person other than the parent to whom support is owed or the parent who is ordered to pay support and that person is unknown, not responsive to the Department, or does not want the Department’s services.
4. The parent who is ordered to pay support begins receiving Supplemental Security Income (SSI) after the support order is rendered;
5. The parent who is ordered to pay support has no income, is permanently disabled, and provides a doctor’s statement that the parent is permanently disabled and unable to work; or
6. A court has terminated the parental rights of the parent who is ordered to pay support.
(b) The Department sends the notice by regular mail to each parent or caregiver, as applicable, at the address of record with the Department in accordance with Section 409.2563(13)(c), F.S. Form CS-OA160, Notice of Intent to Terminate Support, Determine Arrears and Establish Payment on Arrears, is hereby incorporated by reference, effective 09/23, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15859).
(c) If a timely petition for an administrative hearing is filed with the Department in response to the notice, the Department refers the proceeding to the Division of Administrative Hearings in accordance with Florida Statutes § 409.2563(6) If the notice is not contested, the Department renders a Final Order Terminating Support, Determining Arrears and Establishing Payment on Arrears (CS-OA178). Form CS-OA178 is hereby incorporated by reference, effective 09/23, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15860).
(d) The Department terminates an administrative support order under paragraph (a) when retroactive support or past-due support is not owed, or if retroactive support or past-due support are owed, none is assigned to the state, and the parent to whom retroactive support or past-due support is owed waives it in writing, except when a parenting time plan is incorporated into a final administrative support order.
(e) The Department terminates the support obligation prospectively, determines arrears and establishes payment on arrears when there are grounds for termination under paragraph (a) and retroactive support or past-due support are owed and not waived by the person to whom it is owed. The administrative support order is not terminated.
(f) A parent or caregiver may request the Department to terminate an administrative support order or support obligation. Requests must made be in writing and may be made using Request to Terminate Support (CS-OA179). Form CS-OA179 is hereby incorporated by reference, effective 09/23, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15861). The request must include the following information:
1. Name of the parent or caregiver making the request;
2. Name of the other parent;
3. Child support case number or depository number;
4. Name of the child(ren) named in the order;
5. Specific reasons for the request to terminate; and,
6. Documentation that supports the request to terminate, if any.
(g) The Department evaluates requests to terminate an administrative support order or support obligation and issues a Notice of Intent to Terminate Support, Determine Arrears and Establish Payment on Arrears (CS-OA160) if the request and supporting documentation meet the criteria in paragraph (a). If the request does not meet the criteria, the Department mails the parent or caregiver the Response to Request to Terminate Support (CS-OA180). Form CS-OA180 is hereby incorporated by reference, effective 09/23, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15862).
(16) Dismissing the Administrative Support Proceeding. At any time before the entry of a Final Administrative Support Order, the Department may end the administrative proceeding and either close the case or proceed judicially. Instances when the Department will not proceed administratively include: a previous judicial support order for the children is provided by a party; the parties currently reside together as an intact family; or all the children reside with the respondent. When the Department decides to end the administrative proceeding, it will send the Dismissal of Administrative Proceeding form, CS-OA88, to the parties.
(17) Vacating Administrative Support Orders.
(a) The Department vacates an administrative support order when the order is rendered in error resulting in a fundamental defect, such as a lack of jurisdiction and other reasons listed in subparagraphs 1. through 3. Case situations that require vacating the administrative support order include:
1. The Department becomes aware of a support order that predates the administrative support order.
2. Information provided to the Department by another state was in error causing Florida to render an order when it did not have the authority.
3. The case did not meet the criteria listed in subsection (3).
(18) Forms. Members of the public may obtain copies of the forms used in this rule chapter incorporated by reference, without cost, by writing to the Florida Department of Revenue, Mail Stop 2-4814, 5050 West Tennessee Street, Tallahassee, Florida 32399.
Rulemaking Authority 61.13(1)(b)7., 61.14(1)(d), 409.2557(3)(p), 409.2563(16), 409.25633(9) FS. Law Implemented 409.2563, 409.25633 FS. History-New 9-19-17, Amended 1-17-18, 9-17-18, 8-28-19, 11-12-20, 11-21-21, 10-26-22, 9-14-23.