Florida Statutes

Fla. Stat. § 409.2554 (2025)

Definitions; ss. 409.2551-409.2598.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 33 cases, 1982–2015 · leading case: Sapp v. Daniels, 520 So. 2d 641 (Fla. 1st DCA 1988).

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Sapp v. Daniels, 520 So. 2d 641 (Fla. 1st DCA 1988). · cites it 11× “We reverse, concluding that a custodial parent cannot be considered an "obligor" within the meaning of the amendment provided in Section 409.2554, Florida Statutes (Supp.”

Dept. of Health & Rehab. Serv. v. Holland, 602 So. 2d 652 (Fla. 5th DCA 1992). · cites it 3× “2554(2) defines "dependent child" more broadly than merely over the age of eighteen, and appears to expressly authorize enforcement suits by HRS in a context which Cronebaugh would bar: "any person under the age of 21 and still in school.”

Schorb v. Schorb, 547 So. 2d 985 (Fla. 2d DCA 1989). · cites it 4× “1301, Florida Statutes (1987), which varies from the definition in section 409.2554(10), Florida Statutes (1987).”

Davis v. Swatts, 556 So. 2d 467 (Fla. 1st DCA 1990). · cites it 6× “§ 409.2554(5), Fla. Stat. (1985) (emphasis added.”

Thaysen v. Thaysen, 583 So. 2d 663 (Fla. 1991). · cites it 2× “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…”

State, Dep't of Revenue ex rel. Atherley v. Atherley, 659 So. 2d 469 (Fla. 3d DCA 1995). · cites it 6× “See §§ 409.2554(1), 409.2557, Fla.Stat. (1993).”

Owens v. Owens, 415 So. 2d 855 (Fla. 5th DCA 1982). · cites it 4× “For at least one statutory definition of "dependent child" see section 409.2554(2), Florida Statutes (1982), which says: (2) "Dependent child" means any person under the age of 18, or under the age of 21 and still in school, who has been deprived of parental support or care by…”

Keenan v. Keenan, 440 So. 2d 642 (Fla. 5th DCA 1983). · cites it 2× “[2] Section 409.2554(2), Florida Statutes (Supp.”

Florida Dept. of Revenue v. MLS, 756 So. 2d 125 (Fla. 2d DCA 2000). · cites it 2× “" § 409.2554(5), Fla. Stat. (1985). Our record contains no answer to this pleading nor any transcript of a hearing.”

Bk v. Dept. of Health & Rehab. Serv., 537 So. 2d 633 (Fla. 5th DCA 1988). · cites it 2× “1st DCA 1988), in which we disapproved a trial court's interpretation of Section 409.2554(5), Florida Statutes (1985), [3] placing the burden on both the custodial and noncustodial parents of dependent children to reimburse HRS for public assistance monies received by the…”

State, Dhrs v. D'Andrea, 542 So. 2d 1369 (Fla. 2d DCA 1989). · cites it 2× “HRS also contends the husband should be liable for the entire amount of public assistance debt because the husband is the "obligor" as defined by section 409.2554(6), Florida Statutes (1988 Supp.”

Dep't of Health & Rehabilitative Servs. v. Prince, 601 So. 2d 588 (Fla. 5th DCA 1992). · cites it 4× “As defined in section 409.2554(5), Florida Statutes. . Looking at it from another direction, if the prior final judgment is to be disregarded and the mother (and her subrogee, HRS) are not bound by it then the father is likewise not bound and is entitled to have HRS proceed…”

Show all 33 citing cases →

— 409.2554(1) — 5 cases

Florida Dep't of Revenue, Child Support Enf't Ex Rel. Baker v. Baker, 24 So. 3d 1254 (Fla. 1st DCA 2009).

State, Dep't of Revenue ex rel. Atherley v. Atherley, 659 So. 2d 469 (Fla. 3d DCA 1995). “See §§ 409.2554(1), 409.2557, Fla.Stat. (1993).”

In Re Maiten, 225 B.R. 246 (Bankr. M.D. Fla. 1998).

Dep't of Revenue Ex Rel. Gomez v. Varela, 67 So. 3d 1205 (Fla. 4th DCA 2011).

Denby v. Dep't of Revenue ex rel. Denby, 685 So. 2d 982 (Fla. 5th DCA 1997).

— 409.2554(10) — 1 case

Schorb v. Schorb, 547 So. 2d 985 (Fla. 2d DCA 1989). “1301, Florida Statutes (1987), which varies from the definition in section 409.2554(10), Florida Statutes (1987).”

— 409.2554(10)(a) — 2 cases

Schorb v. Schorb, 547 So. 2d 985 (Fla. 2d DCA 1989). “1301, Florida Statutes (1987), which varies from the definition in section 409.2554(10), Florida Statutes (1987).”

Brewer v. Brewer, 898 So. 2d 986 (Fla. 2d DCA 2005).

— 409.2554(11) — 3 cases

State, Dep't of Revenue ex rel. Atherley v. Atherley, 659 So. 2d 469 (Fla. 3d DCA 1995). “See §§ 409.2554(1), 409.2557, Fla.Stat. (1993).”

State, Dep't of Health & Rehabilitative Servs. v. Harris, 575 So. 2d 726 (Fla. 1st DCA 1991).

Gurell v. Starr, 640 So. 2d 228 (Fla. 4th DCA 1994).

— 409.2554(2) — 6 cases

Dept. of Health & Rehab. Serv. v. Holland, 602 So. 2d 652 (Fla. 5th DCA 1992). “2554(2) defines "dependent child" more broadly than merely over the age of eighteen, and appears to expressly authorize enforcement suits by HRS in a context which Cronebaugh would bar: "any person under the age of 21 and still in school.”

Owens v. Owens, 415 So. 2d 855 (Fla. 5th DCA 1982). “For at least one statutory definition of "dependent child" see section 409.2554(2), Florida Statutes (1982), which says: (2) "Dependent child" means any person under the age of 18, or under the age of 21 and still in school, who has been deprived of parental support or care by…”

Keenan v. Keenan, 440 So. 2d 642 (Fla. 5th DCA 1983). “[2] Section 409.2554(2), Florida Statutes (Supp.”

Brown v. Brown, 714 So. 2d 475 (Fla. 5th DCA 1998).

Florida Dep't of Health ex rel. Powell v. Powell, 490 So. 2d 1043 (Fla. 2d DCA 1986).

— 409.2554(5) — 5 cases

Florida Dept. of Revenue v. MLS, 756 So. 2d 125 (Fla. 2d DCA 2000). “" § 409.2554(5), Fla. Stat. (1985). Our record contains no answer to this pleading nor any transcript of a hearing.”

Bk v. Dept. of Health & Rehab. Serv., 537 So. 2d 633 (Fla. 5th DCA 1988). “1st DCA 1988), in which we disapproved a trial court's interpretation of Section 409.2554(5), Florida Statutes (1985), [3] placing the burden on both the custodial and noncustodial parents of dependent children to reimburse HRS for public assistance monies received by the…”

Davis v. Swatts, 556 So. 2d 467 (Fla. 1st DCA 1990). “§ 409.2554(5), Fla. Stat. (1985) (emphasis added.”

Dep't of Health & Rehabilitative Servs. v. Prince, 601 So. 2d 588 (Fla. 5th DCA 1992). “As defined in section 409.2554(5), Florida Statutes. . Looking at it from another direction, if the prior final judgment is to be disregarded and the mother (and her subrogee, HRS) are not bound by it then the father is likewise not bound and is entitled to have HRS proceed…”

State, Dep't of Health & Rehabilitative Servs., Off. of Child Support Enf't ex rel. Parks v. Parks, 479 So. 2d 823 (Fla. 2d DCA 1985).

— 409.2554(6) — 9 cases

Davis v. Swatts, 556 So. 2d 467 (Fla. 1st DCA 1990). “§ 409.2554(5), Fla. Stat. (1985) (emphasis added.”

State, Dhrs v. D'Andrea, 542 So. 2d 1369 (Fla. 2d DCA 1989). “HRS also contends the husband should be liable for the entire amount of public assistance debt because the husband is the "obligor" as defined by section 409.2554(6), Florida Statutes (1988 Supp.”

State, Dep't of Revenue ex rel. Atherley v. Atherley, 659 So. 2d 469 (Fla. 3d DCA 1995). “See §§ 409.2554(1), 409.2557, Fla.Stat. (1993).”

State Dep't of Health & Rehabilitative Servs. v. Spragg, 640 So. 2d 148 (Fla. 2d DCA 1994).

— 409.2554(8) — 1 case

Thaysen v. Thaysen, 583 So. 2d 663 (Fla. 1991). “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…”

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