Florida Statute 409.2551 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXX
SOCIAL WELFARE

Chapter 409
SOCIAL AND ECONOMIC ASSISTANCE

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F.S. 409.2551

409.2551 Legislative intent.—Common-law and statutory procedures governing the remedies for enforcement of support for financially dependent children by persons responsible for their support have not proven sufficiently effective or efficient to cope with the increasing incidence of financial dependency. The increasing workload of courts, prosecuting attorneys, and the Attorney General has resulted in a growing burden on the financial resources of the state, which is constrained to provide public assistance for basic maintenance requirements when parents fail to meet their primary obligations. The state, therefore, exercising its police and sovereign powers, declares that the common-law and statutory remedies pertaining to family desertion and nonsupport of dependent children shall be augmented by additional remedies directed to the resources of the responsible parents. In order to render resources more immediately available to meet the needs of dependent children, it is the legislative intent that the remedies provided herein are in addition to, and not in lieu of, existing remedies. It is declared to be the public policy of this state that this act be construed and administered to the end that children shall be maintained from the resources of their parents, thereby relieving, at least in part, the burden presently borne by the general citizenry through public assistance programs. It is also the public policy of this state to encourage frequent contact between a child and each parent to optimize the development of a close and continuing relationship between each parent and the child.

History.—s. 1, ch. 76-220; s. 140, ch. 86-220; s. 1, ch. 2017-117.

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Amendments to 409.2551

Annotations, Discussions, Cases:

Cases Citing Statute 409.2551

Total Results: 28

Kendrick v. Everheart

390 So. 2d 53

Supreme Court of Florida | Filed: Nov 6, 1980 | Docket: 92386

Cited 40 times | Published

from the resources of "responsible parents." See § 409.2551, Fla. Stat. (1977). This express statement of

STATE DEPT. OF HEALTH, ETC. v. West

378 So. 2d 1220

Supreme Court of Florida | Filed: Dec 20, 1979 | Docket: 1795118

Cited 32 times | Published

general public. Chapter 76-220, codified as section 409.2551, Florida Statutes (1977). Weighing the state's

Lamm v. Chapman

413 So. 2d 749

Supreme Court of Florida | Filed: Mar 11, 1982 | Docket: 1344628

Cited 22 times | Published

citizenry through public assistance programs." § 409.2551, Fla. Stat. (1979). Section 409.2561 is designed

Robbins v. Robbins

429 So. 2d 424

District Court of Appeal of Florida | Filed: Mar 31, 1983 | Docket: 666889

Cited 12 times | Published

support payments promptly without great cost. Section 409.2551, Florida Statutes (1979) describes the legislative

DEPT. OF HEALTH AND REHAB. SERV. v. Heffler

382 So. 2d 301

Supreme Court of Florida | Filed: Mar 27, 1980 | Docket: 1255044

Cited 8 times | Published

citizenry through public assistance programs." Section 409.2551, Florida Statutes (1977). Section 409.2567

DHRS v. Crossdale

585 So. 2d 481

District Court of Appeal of Florida | Filed: Sep 11, 1991 | Docket: 1688674

Cited 5 times | Published

to, and not in lieu of, existing remedies." Section 409.2551, Florida Statutes (1989). Moreover, section

Spano v. Bruce

62 So. 3d 2, 2011 Fla. App. LEXIS 2266, 2011 WL 611831

District Court of Appeal of Florida | Filed: Feb 23, 2011 | Docket: 2362144

Cited 4 times | Published

the resources of the responsible parents. See § 409.2551, Fla. Stat. (2009). That intent supports the

Rogers v. Cooper

575 So. 2d 266, 1991 WL 17924

District Court of Appeal of Florida | Filed: Feb 18, 1991 | Docket: 1731392

Cited 4 times | Published

citizenry through public assistance programs. Section 409.2551, Florida Statutes. The department contends

Thaysen v. Thaysen

583 So. 2d 663, 1991 WL 117534

Supreme Court of Florida | Filed: Jul 3, 1991 | Docket: 1284402

Cited 3 times | Published

petition. On appeal the district court looked at section 409.2551, Florida Statutes (1987),[4]*665 and held

Oldt v. Sides

573 So. 2d 440, 1991 Fla. App. LEXIS 692, 1991 WL 9366

District Court of Appeal of Florida | Filed: Feb 1, 1991 | Docket: 64655951

Cited 3 times | Published

dissenting in Wright on the basis of his belief that § 409.2551, Fla.Stat. (1985), vested litigation rights in

Wilkinson v. Coggin

552 So. 2d 348, 1989 WL 139522

District Court of Appeal of Florida | Filed: Nov 22, 1989 | Docket: 1663752

Cited 3 times | Published

support enforcement program is set out in Section 409.2551, Florida Statutes (1987): Common-law and

Walden v. Florida, Department of Health & Rehabilitative Services (In Re Walden)

60 B.R. 641, 1986 Bankr. LEXIS 6105

United States Bankruptcy Court, M.D. Florida | Filed: May 7, 1986 | Docket: 1832651

Cited 3 times | Published

program and enacted F.S.A. § 409.235 et seq. In § 409.2551, the Florida legislature stated that its intent

Thaysen v. Thaysen

559 So. 2d 626, 1990 WL 11803

District Court of Appeal of Florida | Filed: Feb 13, 1990 | Docket: 1751517

Cited 2 times | Published

Department, from representing the petitioner. Section 409.2551, Florida Statutes (1987) specifically points

Dept. of Health & Rehab. Services v. Wright

522 So. 2d 838, 1988 WL 34015

Supreme Court of Florida | Filed: Apr 14, 1988 | Docket: 1191919

Cited 1 times | Published

the father to support and maintain his child. § 409.2551 Fla. Stat. (1985). The failure to do so gives

Holliman v. Green

439 So. 2d 955

District Court of Appeal of Florida | Filed: Oct 13, 1983 | Docket: 1264806

Cited 1 times | Published

within the department's prerogatives. See, Section 409.2551, Florida Statutes, "Legislative intent." The

KENS CARTER JEANCHARLES v. DEPT. OF REVENUE, CHILD SUPPORT ENFORCEMENT and AUDRIANA JEAN

273 So. 3d 1006

District Court of Appeal of Florida | Filed: May 15, 2019 | Docket: 15566688

Published

citizenry through public assistance programs.” § 409.2551, Fla. Stat. (2018). While the father is literate

Department of Revenue v. Reyes

181 So. 3d 1270, 2015 Fla. App. LEXIS 19494, 2015 WL 9584862

District Court of Appeal of Florida | Filed: Dec 31, 2015 | Docket: 60252544

Published

citizenry through public assistance programs.” § 409.2551. This Court has stated that “the best interest

Department of Revenue ex rel. Roberson v. Chaney

90 So. 3d 883, 2012 WL 2053297, 2012 Fla. App. LEXIS 9184

District Court of Appeal of Florida | Filed: Jun 8, 2012 | Docket: 60309676

Published

citizenry through public assistance programs. § 409.2551, Fla. Stat. (emphasis added); see also § 409

Florida Department of Revenue ex rel. S.R.M. v. M.C.W.

742 So. 2d 501, 1999 Fla. App. LEXIS 13340, 1999 WL 890716

District Court of Appeal of Florida | Filed: Oct 8, 1999 | Docket: 64791419

Published

citizenry through public assistance programs.” § 409.2551, Fla. Stat. (1991). To that end, section 409

Taylor v. McGregor

616 So. 2d 159, 1993 Fla. App. LEXIS 3602, 1993 WL 90536

District Court of Appeal of Florida | Filed: Mar 30, 1993 | Docket: 64695263

Published

than the citizenry, should support the children. § 409.2551, Fla.Stat. (1989). However, I discern no basis

State, Department of Health & Rehabilitative Services v. Baker

585 So. 2d 1075, 1991 Fla. App. LEXIS 8911, 16 Fla. L. Weekly Fed. D 2353

District Court of Appeal of Florida | Filed: Sep 6, 1991 | Docket: 64661583

Published

for a monthly payment provision was denied. Section 409.2551, Florida Statutes (1989), expresses legislative

State, Department of Health & Rehabilitative Services ex rel. Branchaud v. Branchaud

574 So. 2d 185, 1991 Fla. App. LEXIS 207, 1991 WL 2789

District Court of Appeal of Florida | Filed: Jan 16, 1991 | Docket: 64656309

Published

points to the legislative intent expressed in section 409.2551, Florida Statutes (1989), and interpreted

Upshaw v. Reaves

572 So. 2d 560, 1990 Fla. App. LEXIS 9675, 1990 WL 212145

District Court of Appeal of Florida | Filed: Dec 26, 1990 | Docket: 64655666

Published

2551-409.2597, Florida Statutes. Specifically, in section 409.2551, the legislature has stated that it is *562

STATE, DHRS v. Savage

570 So. 2d 1089

District Court of Appeal of Florida | Filed: Dec 4, 1990 | Docket: 1704053

Published

dismissing the contempt citations and remand. Section 409.2551 provides in pertinent part: [N]onsupport of

Davis v. Swatts

556 So. 2d 467, 1990 WL 7624

District Court of Appeal of Florida | Filed: Jan 31, 1990 | Docket: 1528432

Published

public policy of the state as enunciated in section 409.2551, Florida Statutes (1987), that "children shall

Mears v. Luterman

453 So. 2d 499, 9 Fla. L. Weekly 1687, 1984 Fla. App. LEXIS 14181

District Court of Appeal of Florida | Filed: Jul 31, 1984 | Docket: 64606121

Published

legislative intent, which is clearly expressed in section 409.2551: *500It is declared to be the public policy

State, Department of Health & Rehabilitative Services v. Hartsfield

443 So. 2d 322, 1983 Fla. App. LEXIS 25317

District Court of Appeal of Florida | Filed: Dec 28, 1983 | Docket: 64601975

Published

amendments to Chapter 409 is expressly set out in section 409.2551, Florida Statutes, providing: Common law and

State, Department of Health & Rehabilitative Services v. King

390 So. 2d 1224, 1980 Fla. App. LEXIS 18185

District Court of Appeal of Florida | Filed: Dec 9, 1980 | Docket: 64579110

Published

citizenry through public assistance programs. § 409.2551, Florida Statutes. The law provides that any