The 2023 Florida Statutes (including Special Session C)

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 from cite.case.law:

DEPARTMENT OF REVENUE, v. WOLF, 164 So. 3d 101 (Fla. Dist. Ct. App. 2015)

. . . . § 409.2554, Fla. Stat. . . .

KEMPER, v. DEPARTMENT OF REVENUE o b o KEMPER,, 159 So. 3d 303 (Fla. Dist. Ct. App. 2015)

. . . Stat. (2014) (“Public assistance as defined in s. 409.2554 shall be excluded from gross income.”). . . . . § 409.2554, Fla. Stat. (2014) (footnote omitted). . . .

DEPARTMENT OF REVENUE o b o v. VARELA,, 67 So. 3d 1205 (Fla. Dist. Ct. App. 2011)

. . . . §§ 409.2554(1), 409.2557(1); Fla. Stat. (2010). . . .

FLORIDA DEPARTMENT OF REVENUE, CHILD SUPPORT ENFORCEMENT, o b o J. BAKER, v. BAKER,, 24 So. 3d 1254 (Fla. Dist. Ct. App. 2009)

. . . . §§ 409.2554(1) & 409.2557(1), Fla. Stat. (2008). . . .

STATE DEPARTMENT OF REVENUE ORTEGA, v. ORTEGA,, 948 So. 2d 855 (Fla. Dist. Ct. App. 2007)

. . . many, become emancipated, or is/are otherwise no longer (a) dependent child(ren) pursuant to Sections 409.2554 . . .

S. BREWER, v. B. BREWER, Jr., 898 So. 2d 986 (Fla. Dist. Ct. App. 2005)

. . . See, e.g., § 409.2554(10)(a), Fla. Stat. (2003). . . .

FLORIDA DEPARTMENT OF REVENUE L. TROUTMAN, v. K. TROUTMAN,, 805 So. 2d 56 (Fla. Dist. Ct. App. 2001)

. . . .” § 409.2554(6). . . .

FLORIDA DEPARTMENT OF REVENUE R. A. E. v. M. L. S., 756 So. 2d 125 (Fla. Dist. Ct. App. 2000)

. . . .” § 409.2554(5), Fla. Stat. (1985). . . .

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

. . . . § 409.2554(1) (1998). . . . .

D. BROWN, v. E. BROWN,, 714 So. 2d 475 (Fla. Dist. Ct. App. 1998)

. . . Section 409.2554(2) defines dependent child as “any person who is mentally or physically incapacitated . . .

DENBY, v. DEPARTMENT OF REVENUE DENBY,, 685 So. 2d 982 (Fla. Dist. Ct. App. 1997)

. . . See §§ 409.2554(1), 409.2567, Fla. Stat. (1995). . . . See § 409.2554, Fla. Stat. (1995). . . .

FLORIDA DEPARTMENT OF REVENUE BARRANCO, v. BARRANCO, Jr., 673 So. 2d 923 (Fla. Dist. Ct. App. 1996)

. . . . §§ 409.2567 and 409.2554(11), Fla.Stat. (Supp.1994). . . .

STATE DEPARTMENT OF REVENUE, ATHERLEY, By R. AVERHOFF, v. J. ATHERLEY,, 659 So. 2d 469 (Fla. Dist. Ct. App. 1995)

. . . Atherley, the support enforcement hearing officer ordered that statutory administrative costs, see § 409.2554 . . . See § 409.2554(6), Fla. Stat. (Supp.1994). . . . See §§ 409.2554(1), 409.2557, Fla.Stat. (1993). . . . Ch. 94-124, § 1, Laws of Fla.; §§ 409.2554(1), 409.2557, Fla.Stat. (Supp.1994). . . .

GURELL, v. STARR, 640 So. 2d 228 (Fla. Dist. Ct. App. 1994)

. . . . § 409.2554(11), Fla.Stat. (1991). . . . on a “case by case” basis using a method for determining costs approved by the federal government. § 409.2554 . . . Accord § 409.2554(11), Fla.Stat. (1991). .To further confuse matters, the fee schedule, when faxed to . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. SPRAGG,, 640 So. 2d 148 (Fla. Dist. Ct. App. 1994)

. . . .” § 409.2554(6), Fla.Stat. (1991). . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, S. S. v. H. M. B., 636 So. 2d 550 (Fla. Dist. Ct. App. 1994)

. . . He argued that the definition of “obligor” under section 409.2554(6), Florida Statutes (Supp.1992), excludes . . . On its face, the definition of “obligor,” as defined by section 409.2554(6), Florida Statutes (Supp.1992 . . .

R. NEALE v. H. BALCERAK,, 627 So. 2d 1310 (Fla. Dist. Ct. App. 1993)

. . . As to the third issue, administrative costs are defined in section 409.2554, Florida Statutes. . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, CHILD SUPPORT ENFORCEMENT, v. HOLLAND,, 602 So. 2d 652 (Fla. Dist. Ct. App. 1992)

. . . Further,' section 409.2554(2) defines “dependent child” more broadly than merely over the age of eighteen . . . HRS in a context which Cronebaugh would bar: “any person under the age of 21 and still in school.” § 409.2554 . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. PRINCE,, 601 So. 2d 588 (Fla. Dist. Ct. App. 1992)

. . . Within the meaning of section 409.2554(6), Florida Statutes. . . . . As defined in section 409.2554(5), Florida Statutes. . . . .

THAYSEN, v. J. THAYSEN,, 583 So. 2d 663 (Fla. 1991)

. . . See § 409.2554(8), Fla.Stat. (1989). . . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES E. v. G. HARRIS,, 575 So. 2d 726 (Fla. Dist. Ct. App. 1991)

. . . Section 409.2554(11) defines "administrative costs” to include attorney fees. .The purpose of chapter . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, BRANCHAUD, v. L. BRANCHAUD,, 574 So. 2d 185 (Fla. Dist. Ct. App. 1991)

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

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES G. v. SAVAGE, Jr., 570 So. 2d 1089 (Fla. Dist. Ct. App. 1990)

. . . Section 409.2554(2) provides in pertinent part (emphasis added): “Dependent child” means any unemanci-pated . . .

DAVIS, v. SWATTS,, 556 So. 2d 467 (Fla. Dist. Ct. App. 1990)

. . . .” § 409.2554(6), Fla.Stat. (Supp. 1988). . . . person who is responsible for making support payments pursuant to an alimony or child support order.” § 409.2554 . . . the enforcement of a duty of support, or the registration of a support order has been commenced. § 409.2554 . . .

M. SCHORB, v. L. SCHORB,, 547 So. 2d 985 (Fla. Dist. Ct. App. 1989)

. . . . § 409.2554(10)(a), Fla. Stat. (Supp.1986). . . . “support” in section 61.1301, Florida Statutes (1987), which varies from the definition in section 409.2554 . . .

B. K. v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, DISTRICT ORANGE COUNTY,, 537 So. 2d 633 (Fla. Dist. Ct. App. 1988)

. . . 520 So.2d 641 (Fla. 1st DCA 1988), in which we disapproved a trial court’s interpretation of Section 409.2554 . . .

Y. SAPP v. DANIELS, Y. SURRENCY v. G. MATHIS, J. NUTTER v. K. PLEAS,, 520 So. 2d 641 (Fla. Dist. Ct. App. 1988)

. . . Statutes (Supp.1986), or a responsible parent of the child owed a duty of support, as provided by Section 409.2554 . . . Section 409.2554, Florida Statutes (Supp. 1986), providing the statutory definitions for the terms used . . . It is questionable, however, whether the 1986 amendment to the definitional provisions of section 409.2554 . . . Nevertheless, even if the definitional provisions of Section 409.2554, Florida Statutes (1985), can be . . . We therefore conclude that the definitional terms of Section 409.2554, Florida Statutes (1985), cannot . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. J. HATFIELD,, 522 So. 2d 61 (Fla. Dist. Ct. App. 1988)

. . . . § 409.2554(6), Fla.Stat. (1985). Title IV-A establishes the AFDC program. . . .

THE FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES v. HATFIELD, 22 Fla. Supp. 2d 78 (Fla. Cir. Ct. 1987)

. . . . § 409.2554(9) (1985) defines support as “. . . support for a child and spouse or former spouse who . . .

FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES POWELL, v. POWELL,, 490 So. 2d 1043 (Fla. Dist. Ct. App. 1986)

. . . Section 409.2554(2), Florida Statutes, defines a dependent child as “any person under the age of 18, . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, OFFICE OF CHILD SUPPORT ENFORCEMENT, PARKS, v. PARKS,, 479 So. 2d 823 (Fla. Dist. Ct. App. 1985)

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

In B. KEENAN, v. P. KEENAN,, 440 So. 2d 642 (Fla. Dist. Ct. App. 1983)

. . . Section 409.2554(2), Florida Statutes (Supp. 1982), provides: “Dependent child” means any person under . . .

OWENS, Sr. v. D. OWENS,, 415 So. 2d 855 (Fla. Dist. Ct. App. 1982)

. . . attempt to bolster their holding, the majority refers to the definition of “dependent child” in section 409.2554 . . .