Fla. Admin. Code R. 12E-1.037 (2026)

_{(1)Definition. As used in this rule, theterm “support obligations,”which is defined by Section 443.051(1)(b), F.S., means legallyorderedpayments or amounts dueunder acourt order, administrativeorder, or judgment being enforced bythe Departmentand that is issued bythis state, anotherstate, or aforeigncountry.}

_{(2)Dataexchange with the Florida Department of Commerce.}

_{(a) TheDepartmentreceives data files periodicallyfrom the Florida Department of Commerceandcompares thereemploymentassistance(formerlyknownasunemployment compensation) applicantinformation onthe files to its own records ofparents who owesupport obligations and parents againstwhom the Department is seekingto establish asupport obligation.}

_{(b)Ifanameand social securitynumberonadatafilematches withaparent who has an open case inthe Department’s records the Department adds the reemployment assistanceinformation from the fileto theparent’s child support case record.}

_{(c)When adata fileincludesreemployment assistance applicants who donot match with a parent in the Department’s records the Departmentretains thenonmatchingdatafortwoyears.} The Department uses the data to perform data matching against parents with new cases opened _{bythe Departmentduringthe two-year retentionperiod.}

_{(3)Notifyingthe Florida Department of Commerceof thewithholding percentage.}

_{(a)When the Departmentreports the names ofreemployment assistanceapplicantsowing support obligationsas required bySection 443.051, F.S., theDepartment reports thewithholding amountas apercentage of the reemploymentassistancebenefit amount.}

_{(b)Ifa court enters asupport order on orafter July1, 2006,that requires areemployment assistancewithholdingpercentagethat isdifferentthan the 40 percentprescribed inSection 443.051(3)(b),F.S., theDepartment reports the court-ordered reemployment assistance withholdingpercentage.}

_{(4)Maximumwithholdingpercentage.}

_{(a)TheDepartmentlimitsthe reemployment assistance withholdingpercentage reported to the Florida Department of Commerceto no morethan 40 percent per support order or a total of 50 percentofaparent’s reemployment assistance.}

_{(b)When aparenthasmorethan onesupport orderrequiring withholdingfrom reemployment assistance, the Departmentadds thewithholdingpercentages from each of the orders andreports thecombinedwithholdingpercentagetothe Florida Departmentof Commerce.If thecombinedwithholdingpercentageexceeds 50percent, theDepartmentreports} 50 percent as the withholding percentage. For example, if the parent has two support orders that _{each requirewithholding fromreemployment assistance at arate of 40 percent(totaling80 percent), theDepartmentreports 50percentto the FloridaDepartment of Commerce as the parent’s withholdingpercentage.}

_{(5)Refundingcollections that exceedthe supportobligation.}

_{(a)Ifthe withholding exceeds theparent’s total support obligation, including any delinquencies, arrearages, and retroactivesupport,the Department shallrefund the amountof the excess withholdingto theparent.}

_{(b)In addition to refundingexcess withholdingamounts, theDepartmentwillcalculatean adjusted withholdingpercentage thatdoes not exceed the parent’s supportobligationand notify the Florida Department of Commerceoftheadjustedwithholdingpercentage.}

_{(c)Ifasubsequentreemployment assistancecollectionis withheld thatexceeds the total support obligation as described in paragraph(5)(a),beforethe Florida Departmentof Commerceimplementsthe adjusted withholding percentage, the Department willpromptly refundtheexcess amountto theparent.}

_{(6)To avoid withholding fromreemployment assistance that exceeds thesupport obligation, the Departmentadjusts the withholdingpercentagewhenaparentwho owesasupport obligation contacts theDepartmentif:}

_{(a)Theamountwithheld exceeds theparent’s support obligations, in which case the Department reduces the reemployment assistancewithholdingpercentageto thehighest percentagethat does notexceed the support obligations;}

(b) The parent is paying the entire amount of the support obligation by income deduction from an income source other than reemployment assistance, in which case the Department adjusts the reemployment assistance withholding percentage to zero, or

_{(c)Thedeductions fromanincomesourceotherthan reemployment assistancesatisfyonly part ofthesupport obligation, in which casethe Departmentadjusts the reemployment assistance withholdingpercentage to the highest percentagethatdoes not exceed the support obligation takinginto accountthe deductions from theotherincomesource.}

_{(7)Supportobligations for morethan onecase. Whenaparent owes support obligationsfor morethan onechild supportcase, theDepartmentallocates each reemployment assistance withholdingcollection amongtheparent’s cases inthe same proportion asthe reemployment assistancewithholdingpercentagefor each of the parent’s support obligations. Thefollowing examples illustrate the allocation method.}

_{(a) Example1.Ifaparent hassupport obligationsintwo cases that havethe same reemployment assistancewithholdingpercentage,the Department splits thecollectionevenly and allocates the same amountto each case.}

_{(b)Example2.Ifaparent has support obligationsin three cases that all havethe same withholdingpercentage, theDepartment splits the collection evenlyandallocates thesame amountto each case.}

_{(c) Example3.Ifaparent has support obligationsin two cases, andthewithholding percentageis 20 percent in the firstcaseand 40 percent inthe second case,the Department allocates one-third ofthecollection to thefirst case and two-thirds ofthecollection to thesecond case.}

_{(8) Bankruptcy. If the parent who owes support files bankruptcy, the withholding of current support from reemployment assistance may continue and is unaffected by the bankruptcy filing.}

Rulemaking Authority 409.2557 FS. Law Implemented 409.2557, 443.051FS. History–New 9-19-17, Amended 9-4-25.

Effective: 9/4/2025.