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Florida Statute 409.2554 - Full Text and Legal Analysis
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The 2025 Florida Statutes

Title XXX
SOCIAL WELFARE
Chapter 409
SOCIAL AND ECONOMIC ASSISTANCE
View Entire Chapter
F.S. 409.2554
409.2554 Definitions; ss. 409.2551-409.2598.As used in ss. 409.2551-409.2598, the term:
(1) “Administrative costs” means any costs, including attorney fees, clerk’s filing fees, recording fees and other expenses incurred by the clerk of the circuit court, service of process fees, or mediation costs, incurred by the Title IV-D agency in its effort to administer the Title IV-D program. The administrative costs that must be collected by the department shall be assessed on a case-by-case basis based upon a method for determining costs approved by the Federal Government. The administrative costs shall be assessed periodically by the department. The methodology for determining administrative costs shall be made available to the judge or any party who requests it. Only those amounts ordered independent of current support, arrears, or past public assistance obligation shall be considered and applied toward administrative costs.
(2) “Child support services” includes any civil, criminal, or administrative action taken by the Title IV-D program to determine paternity, establish, modify, enforce, or collect support.
(3) “Court” means the circuit court.
(4) “Court order” means any judgment or order of any court of appropriate jurisdiction of the state, or an order of a court of competent jurisdiction of another state, ordering payment of a set or determinable amount of support money.
(5) “Department” means the Department of Revenue.
(6) “Dependent child” means any unemancipated person under the age of 18, any person under the age of 21 and still in school, or any person who is mentally or physically incapacitated when such incapacity began before such person reaching the age of 18. This definition may not be construed to impose an obligation for child support beyond the child’s attainment of majority except as imposed in s. 409.2561.
(7) “Health insurance” means coverage under a fee-for-service arrangement, health maintenance organization, or preferred provider organization, and other types of coverage available to either parent, under which medical services could be provided to a dependent child.
(8) “Obligee” means the person to whom support payments are made pursuant to an alimony or child support order.
(9) “Obligor” means a person who is responsible for making support payments pursuant to an alimony or child support order.
(10) “Program attorney” means an attorney employed by the department, under contract with the department, or employed by a contractor of the department, to provide legal representation for the department in a proceeding related to the determination of paternity or the establishment, modification, or enforcement of support brought pursuant to law.
(11) “Prosecuting attorney” means any private attorney, county attorney, city attorney, state attorney, program attorney, or an attorney employed by an entity of a local political subdivision who engages in legal action related to the determination of paternity or the establishment, modification, or enforcement of support brought pursuant to this act.
(12) “Public assistance” means money assistance paid on the basis of Title IV-E and Title XIX of the Social Security Act, temporary cash assistance, or food assistance benefits received on behalf of a child under 18 years of age who has an absent parent.
(13) “State Case Registry” means the automated registry maintained by the Title IV-D agency, containing records of each Title IV-D case and of each support order established or modified in the state on or after October 1, 1998. Such records must consist of data elements as required by the United States Secretary of Health and Human Services.
(14) “State Disbursement Unit” means the unit established and operated by the Title IV-D agency to provide one central address for collection and disbursement of child support payments made in cases enforced by the department pursuant to Title IV-D of the Social Security Act and in cases not being enforced by the department in which the support order was initially issued in this state on or after January 1, 1994, and in which the obligor’s child support obligation is being paid through income deduction order.
(15) “Support,” unless otherwise specified, means:
(a) Child support, and, when the child support obligation is being enforced by the Department of Revenue, spousal support or alimony for the spouse or former spouse of the obligor with whom the child is living.
(b) Child support only in cases not being enforced by the Department of Revenue.
(16) “Title IV-D Standard Parenting Time Plan” means a document that may be agreed to by the parents to govern the relationship between the parents and to provide the parent who owes support a reasonable minimum amount of time with his or her child. The plan set forth in s. 409.25633 includes timetables that specify the time, including overnights and holidays, that a child may spend with each parent.
(17) “Undistributable collection” means a support payment received by the department which the department determines cannot be distributed to the final intended recipient.
(18) “Unidentifiable collection” means a payment received by the department for which a parent, depository or circuit civil numbers, or source of the payment cannot be identified.
History.s. 2, ch. 76-220; s. 1, ch. 82-140; s. 1, ch. 85-178; ss. 86, 141, ch. 86-220; s. 15, ch. 87-95; s. 10, ch. 88-176; s. 18, ch. 92-138; s. 5, ch. 94-124; s. 88, ch. 96-175; s. 45, ch. 97-170; s. 40, ch. 97-173; s. 148, ch. 98-403; s. 39, ch. 2000-139; s. 92, ch. 2000-165; s. 25, ch. 2001-158; s. 19, ch. 2008-61; s. 4, ch. 2009-90; s. 9, ch. 2010-209; s. 2, ch. 2017-117.

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Amendments to 409.2554


Annotations, Discussions, Cases:

Cases Citing Statute 409.2554

Total Results: 30

DEPT. OF HEALTH & REHAB. SERV. v. Holland

602 So. 2d 652, 1992 WL 158125

District Court of Appeal of Florida | Filed: Jul 10, 1992 | Docket: 1321427

Cited 12 times | Published

favorably than an interstate suit. Further, section 409.2554(2) defines "dependent child" more broadly

Keenan v. Keenan

440 So. 2d 642

District Court of Appeal of Florida | Filed: Nov 17, 1983 | Docket: 1430551

Cited 7 times | Published

incompetence or inability is much too narrow. [2] Section 409.2554(2), Florida Statutes (Supp. 1982), provides:

Brown v. Brown

714 So. 2d 475

District Court of Appeal of Florida | Filed: Jul 7, 1998 | Docket: 461695

Cited 6 times | Published

court so determines support is proper. [3] Section 409.2554(2) defines dependent child as "any person

Schorb v. Schorb

547 So. 2d 985, 1989 WL 86790

District Court of Appeal of Florida | Filed: Aug 4, 1989 | Docket: 1738644

Cited 5 times | Published

under Title IV-D of the Social Security Act. § 409.2554(10)(a), Fla. Stat. (Supp. 1986). It is apparent

Florida Dept. of Revenue v. MLS

756 So. 2d 125, 2000 Fla. App. LEXIS 1455, 2000 WL 192140

District Court of Appeal of Florida | Filed: Feb 18, 2000 | Docket: 471319

Cited 4 times | Published

or adoptive parent of a dependent child, ..." § 409.2554(5), Fla. Stat. (1985). Our record contains no

Owens v. Owens

415 So. 2d 855

District Court of Appeal of Florida | Filed: Jun 23, 1982 | Docket: 459193

Cited 4 times | Published

statutory definition of "dependent child" see section 409.2554(2), Florida Statutes (1982), which says: (2)

Thaysen v. Thaysen

583 So. 2d 663, 1991 WL 117534

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

Cited 3 times | Published

attorneys to handle child support proceedings. See § 409.2554(8), Fla. Stat. (1989). [3] The form ends with

Sapp v. Daniels

520 So. 2d 641, 13 Fla. L. Weekly 435

District Court of Appeal of Florida | Filed: Feb 16, 1988 | Docket: 1709403

Cited 3 times | Published

within the meaning of the amendment provided in Section 409.2554, Florida Statutes (Supp. 1986), or a responsible

In Re Maiten

225 B.R. 246, 12 Fla. L. Weekly Fed. B 39, 1998 Bankr. LEXIS 1229, 1998 WL 684217

United States Bankruptcy Court, M.D. Florida | Filed: Sep 28, 1998 | Docket: 1791546

Cited 2 times | Published

chapter, means the Department of Revenue. F.S.A. § 409.2554(1) (1998). [4] See In re Seibert, 914 F.2d 102

State, Dhrs v. D'Andrea

542 So. 2d 1369, 1989 WL 49597

District Court of Appeal of Florida | Filed: May 10, 1989 | Docket: 468951

Cited 2 times | Published

the husband is the "obligor" as defined by section 409.2554(6), Florida Statutes (1988 Supp.). We do not

Bk v. Dept. of Health & Rehab. Serv.

537 So. 2d 633

District Court of Appeal of Florida | Filed: Dec 29, 1988 | Docket: 2069915

Cited 2 times | Published

disapproved a trial court's interpretation of Section 409.2554(5), Florida Statutes (1985),[3] placing the

Kemper v. Department of Revenue ex rel. Kemper

159 So. 3d 303, 2015 Fla. App. LEXIS 3147, 2015 WL 965647

District Court of Appeal of Florida | Filed: Mar 6, 2015 | Docket: 60246551

Cited 1 times | Published

under 18 years of age who has an absent parent. § 409.2554, Fla. Stat. (2014) (footnote omitted). Title

STATE, DEPT. OF HEALTH & REH. SERV. v. Hatfield

522 So. 2d 61

District Court of Appeal of Florida | Filed: Feb 12, 1988 | Docket: 1191274

Cited 1 times | Published

IV-A and Title IV-E of the Social Security Act. § 409.2554(6), Fla. Stat. (1985). Title IV-A establishes

Department of Revenue v. Sean Michael Wolf and Christina Lian Guilliams

164 So. 3d 101

District Court of Appeal of Florida | Filed: May 6, 2015 | Docket: 2655231

Published

a child receiving public assistance services. § 409.2554, Fla. Stat. (defining "public assistance” to

Brewer v. Brewer

898 So. 2d 986, 2005 Fla. App. LEXIS 2652, 2005 WL 491395

District Court of Appeal of Florida | Filed: Mar 4, 2005 | Docket: 64837421

Published

petition to reduce her right to alimony. See, e.g., § 409.2554(10)(a), Fla. Stat. (2003). The attorney who contracted

Florida Department of Revenue ex rel. Troutman v. Troutman

805 So. 2d 56, 2001 Fla. App. LEXIS 18513, 2001 WL 1744275

District Court of Appeal of Florida | Filed: Dec 28, 2001 | Docket: 64811754

Published

pursuant to an alimony or child support order.” § 409.2554(6). Section 409.2561(4) expressly excludes the

Denby v. Department of Revenue ex rel. Denby

685 So. 2d 982, 1997 WL 1680

District Court of Appeal of Florida | Filed: Jan 3, 1997 | Docket: 64770188

Published

fees and how the fees should be assessed. See § 409.2554, Fla. Stat. (1995). We remand to afford the former

State, Department of Revenue ex rel. Atherley v. Atherley

659 So. 2d 469, 1995 Fla. App. LEXIS 8891, 1995 WL 497120

District Court of Appeal of Florida | Filed: Aug 23, 1995 | Docket: 64758368

Published

The obligor in this case is the father. See § 409.2554(6), Fla. Stat. (Supp.1994). The court erred by

Gurell v. Starr

640 So. 2d 228, 1994 Fla. App. LEXIS 7753, 1994 WL 406148

District Court of Appeal of Florida | Filed: Aug 5, 1994 | Docket: 64749924

Published

in its effort to administer the IV-D program. § 409.2554(11), Fla.Stat. (1991). Using its rule-making

State Department of Health & Rehabilitative Services v. Spragg

640 So. 2d 148, 1994 Fla. App. LEXIS 7477, 1994 WL 390755

District Court of Appeal of Florida | Filed: Jul 29, 1994 | Docket: 64749901

Published

pursuant to an alimony or child support order.” § 409.2554(6), Fla.Stat. (1991). The appellee argues that

State, Department of Health & Rehabilitative Services ex rel. S.S. v. H.M.B.

636 So. 2d 550, 1994 Fla. App. LEXIS 4180, 1994 WL 169519

District Court of Appeal of Florida | Filed: May 6, 1994 | Docket: 64748228

Published

argued that the definition of “obligor” under section 409.2554(6), Florida Statutes (Supp.1992), excludes

Neale v. Balcerak

627 So. 2d 1310, 1993 Fla. App. LEXIS 12168, 1993 WL 504498

District Court of Appeal of Florida | Filed: Dec 10, 1993 | Docket: 64744679

Published

issue, administrative costs are defined in section 409.2554, Florida Statutes. Section 409.2567, Florida

Department of Health & Rehabilitative Services v. Prince

601 So. 2d 588, 1992 Fla. App. LEXIS 5823, 1992 WL 118453

District Court of Appeal of Florida | Filed: Jun 5, 1992 | Docket: 64668660

Published

PETERSON, JJ., concur. . Within the meaning of section 409.2554(6), Florida Statutes. . The effective date

State, Department of Health & Rehabilitative Services v. Harris

575 So. 2d 726, 1991 Fla. App. LEXIS 1712, 1991 WL 27186

District Court of Appeal of Florida | Filed: Feb 22, 1991 | Docket: 64656858

Published

1991), which discusses this conflict. . Section 409.2554(11) defines "administrative costs” to include

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

counsel.) . Dependent children are defined in section 409.2554, Florida Statutes, as "any unemanci-pated

STATE, DHRS v. Savage

570 So. 2d 1089

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

Published

citizenry through public assistance programs. Section 409.2554(2) provides in pertinent part (emphasis added):

Davis v. Swatts

556 So. 2d 467, 1990 WL 7624

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

Published

pursuant to an alimony or child support order." § 409.2554(6), Fla. Stat. (Supp. 1988). Clearly, she says

State, Department of Health & Rehabilitative Services v. Hatfield

522 So. 2d 61, 13 Fla. L. Weekly 443, 1988 Fla. App. LEXIS 565

District Court of Appeal of Florida | Filed: Feb 12, 1988 | Docket: 64633559

Published

IV-A and Title IV-E of the Social Security Act. § 409.2554(6), Fla.Stat. (1985). Title IV-A establishes

Florida Department of Health ex rel. Powell v. Powell

490 So. 2d 1043, 11 Fla. L. Weekly 1441, 1986 Fla. App. LEXIS 8855

District Court of Appeal of Florida | Filed: Jun 27, 1986 | Docket: 64620356

Published

under chapter 409, Florida Statutes. We agree. Section 409.2554(2), Florida Statutes, defines a dependent

State, Department of Health & Rehabilitative Services, Office of Child Support Enforcement ex rel. Parks v. Parks

479 So. 2d 823, 10 Fla. L. Weekly 2756, 1985 Fla. App. LEXIS 16944

District Court of Appeal of Florida | Filed: Dec 13, 1985 | Docket: 64616056

Published

Parks was a responsible parent as defined by section 409.2554(5), Florida Statutes (Supp.1982). If so, the