Florida Statute 409.2554 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXX
SOCIAL WELFARE

Chapter 409
SOCIAL AND ECONOMIC ASSISTANCE

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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.

F.S. 409.2554 on Google Scholar

F.S. 409.2554 on Casetext

Amendments to 409.2554

Arrestable Offenses / Crimes under Fla. Stat. 409.2554

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 409.2554.

Annotations, Discussions, Cases:

Cases Citing Statute 409.2554

Total Results: 20

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

Court: Fla. Dist. Ct. App. | Date Filed: 2015-05-06T00:00:00-07:00

Citation: 164 So. 3d 101

Snippet: child receiving public assistance services. § 409.2554, Fla. Stat. (defining "public assistance”

Kemper v. Department of Revenue ex rel. Kemper

Court: Fla. Dist. Ct. App. | Date Filed: 2015-03-06T00:00:00-08:00

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

Snippet: Stat. (2014) (“Public assistance as defined in s. 409.2554 shall be excluded from gross income.”). Public…under 18 years of age who has an absent parent. § 409.2554, Fla. Stat. (2014) (footnote omitted). Title XVI

Department of Revenue Ex Rel. Gomez v. Varela

Court: Fla. Dist. Ct. App. | Date Filed: 2011-08-31T00:00:00-07:00

Citation: 67 So. 3d 1205, 2011 Fla. App. LEXIS 13742

Snippet: responsible for administering the Title IV-D program. §§ 409.2554(1), 409.2557(1), Fla. Stat. (2010). Section 443.051

Florida Department of Revenue, Child Support Enforcement Ex Rel. Baker v. Baker

Court: Fla. Dist. Ct. App. | Date Filed: 2009-12-31T00:00:00-08:00

Citation: 24 So. 3d 1254, 2009 Fla. App. LEXIS 20521, 2009 WL 5151527

Snippet: responsible for administration of the program. §§ 409.2554(1) & 409.2557(1), Fla. Stat. (2008). The Department

STATE, DEPT. OF REVENUE v. Ortega

Court: Fla. Dist. Ct. App. | Date Filed: 2007-01-30T23:53:00-08:00

Citation: 948 So. 2d 855

Snippet: (a) dependent child(ren) pursuant to Sections 409.2554(2) and 743.07(2) Florida Statutes. [2] The agreement

Brewer v. Brewer

Court: Fla. Dist. Ct. App. | Date Filed: 2005-03-04T00:00:00-08:00

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

Snippet: 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

Court: Fla. Dist. Ct. App. | Date Filed: 2001-12-28T00:00:00-08:00

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

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

Florida Dept. of Revenue v. MLS

Court: Fla. Dist. Ct. App. | Date Filed: 2000-02-17T23:53:00-08:00

Citation: 756 So. 2d 125

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

Brown v. Brown

Court: Fla. Dist. Ct. App. | Date Filed: 1998-07-07T00:53:00-07:00

Citation: 714 So. 2d 475

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

Denby v. Department of Revenue ex rel. Denby

Court: Fla. Dist. Ct. App. | Date Filed: 1997-01-03T00:00:00-08:00

Citation: 685 So. 2d 982, 1997 WL 1680

Snippet: responsible to pay all administrative costs. See §§ 409.2554(1), 409.2567, Fla. Stat. (1995). There is no doubt…fees and how the fees should be assessed. See § 409.2554, Fla. Stat. (1995). We remand to afford the former

Florida Department of Revenue ex rel. Barranco v. Barranco

Court: Fla. Dist. Ct. App. | Date Filed: 1996-05-15T00:00:00-07:00

Citation: 673 So. 2d 923, 1996 Fla. App. LEXIS 4762, 1996 WL 252257

Snippet: determining the right to an award. §§ 409.2567 and 409.2554(11), Fla.Stat. (Supp.1994). Ability to pay the

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

Court: Fla. Dist. Ct. App. | Date Filed: 1995-08-23T00:00:00-07:00

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

Snippet: that statutory administrative costs, see *470§ 409.2554(11), Fla.Stat. (Supp.1994), be paid fifty percent… The obligor in this case is the father. See § 409.2554(6), Fla. Stat. (Supp.1994). The court erred by… IV-D child support enforcement agency. See §§ 409.2554(1), 409.2557, Fla.Stat. (1993). Effective July… of Revenue. Ch. 94-124, § 1, Laws of Fla.; §§ 409.2554(1), 409.2557, Fla.Stat. (Supp.1994). Accordingly

Gurell v. Starr

Court: Fla. Dist. Ct. App. | Date Filed: 1994-08-05T00:00:00-07:00

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

Snippet: in its effort to administer the IV-D program. § 409.2554(11), Fla.Stat. (1991). Using its rule-making authority…determining costs approved by the federal government. § 409.2554(11), Fla.Stat. (1991). Use of a standard fee schedule…upon request. 45 C.F.R. 302.33(d)(2). Accord § 409.2554(11), Fla.Stat. (1991). .To further confuse matters…available to the judge or any party requesting it. § 409.-2554(11), Fla.Stat. (1991). No. 93-1261

State Department of Health & Rehabilitative Services v. Spragg

Court: Fla. Dist. Ct. App. | Date Filed: 1994-07-29T00:00:00-07:00

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

Snippet: 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.

Court: Fla. Dist. Ct. App. | Date Filed: 1994-05-06T00:00:00-07:00

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

Snippet: that the definition of “obligor” under section 409.2554(6), Florida Statutes (Supp.1992), excludes him…definition of “obligor,” as defined by section 409.2554(6), Florida Statutes (Supp.1992), supports the

Neale v. Balcerak

Court: Fla. Dist. Ct. App. | Date Filed: 1993-12-10T00:00:00-08:00

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

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 1992-07-10T00:53:00-07:00

Citation: 602 So. 2d 652

Snippet: favorably than an interstate suit. Further, section 409.2554(2) defines "dependent child" more broadly…under the age of 21 and still in school." § 409.2554(2), Fla. Stat. (1991). *658 Lastly, although not

Department of Health & Rehabilitative Services v. Prince

Court: Fla. Dist. Ct. App. | Date Filed: 1992-06-05T00:00:00-07:00

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

Snippet: JJ., concur. . Within the meaning of section 409.2554(6), Florida Statutes. . The effective date that…between the parents. . As defined in section 409.2554(5), Florida Statutes. . Looking at it from another

Thaysen v. Thaysen

Court: Fla. | Date Filed: 1991-07-03T00:53:00-07:00

Citation: 583 So. 2d 663

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

State, Department of Health & Rehabilitative Services v. Harris

Court: Fla. Dist. Ct. App. | Date Filed: 1991-02-22T00:00:00-08:00

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

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