Child Support Enforcement

This article discusses child-support enforcement by state agency, the Department of Revenue. If you are receiving child support, you may qualify to be represented by an attorney through the Florida Department of Revenue, child-support enforcement under title IV-D, F. S. 61.046 (3). The Florida Department of Revenue is the state agency responsible for representing the petitioner in cases for the establishment, enforcement or modification of child support. However the department does not provide attorneys for a party defending against the establishment, mediation or enforcement of child support. If you are the potential child-support payer is important that you understand your rights under this law. You should seek counsel from an experienced attorney in child-support enforcement cases.

The law offices of West Palm Beach divorce and family law attorney Jessica Mishali has over four decades experience in child-support matters as well as divorce and family law matters and represents both child-support payers and recipients of child-support.

Child-Support Services of the Department of Revenue include:

• Applicants receiving public assistance
• non public assistance applicants for child-support services
• dependent children in foster care
• modification of an existing child-support order

If a person accepts public assistance payments on behalf of a child, the Department has the right to seek any child-support, spousal support or arrearages that the recipient may be owed. As previously stated, the department can seek modification of existing support orders.

The Department will seek a paternity order for a child born out of wedlock in order to establish child-support. The Department will attempt to obtain an acknowledgment of paternity by requesting that the putative father sign an affidavit acknowledging that he is the child's father. The peer father has 60 days to rescind the acknowledgment of paternity. If the putative father does not acknowledge paternity the department must file an administrative or judicial proceeding to establish a support order. Once the issue of paternity is resolved the Department will attempt to establish a support obligation by agreement. If not by an agreement the Department will seek a support order. The amount of child support is determined by the Florida Child Support Guidelines.

If an obligor is 15 days late in paying child support the Department may provide notice of the delinquency and the intent to suspend the obligor's driver’s license and motor vehicle registration within 20 days of mailing the notice. The obligor has 20 days to enter into a payment agreement, or file a petition in the Circuit Court to contest the notice of the delinquency and the intent to suspend. The suspension is delayed until the hearing which must take place within 15 days of the filing of the petition. The obligor may petition the circuit court for a business purpose only license.

The Law offices of West Palm Beach divorce and family law attorney, Jessica Mishali is highly experienced in Department of Revenue child-support cases in negotiating and handling contested matters when necessary. We are dedicated to protecting your rights with professional excellence. Please contact us at (561) 833-2772 or contact us online for a consultation.