Florida Statute 409.2561 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXX
SOCIAL WELFARE

Chapter 409
SOCIAL AND ECONOMIC ASSISTANCE

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F.S. 409.2561

409.2561 Support obligations when public assistance is paid; assignment of rights; subrogation; medical and health insurance information.—

(1) Any payment of temporary cash or Title IV-E assistance made to, or for the benefit of, any dependent child creates an obligation in an amount determined pursuant to the child support guidelines. In accordance with 42 U.S.C. s. 657, the state shall retain amounts collected only to the extent necessary to reimburse amounts paid to the family as assistance by the state. Such amounts collected shall be deposited into the General Revenue Fund up to the level specified in s. 61.1812. If there has been a prior support order or final judgment of dissolution of marriage establishing an obligation of support, the obligation is limited to the amount provided by such support order or decree. The extraordinary remedy of contempt is applicable in child support enforcement cases because of the public necessity for ensuring that dependent children be maintained from the resources of their parents, thereby relieving, at least in part, the burden presently borne by the general citizenry through the public assistance program. If there is no prior support order, the court, or the department as provided by s. 409.2563, shall establish the liability of the obligor, if any, by applying the child support guidelines. The department may apply for modification of a support order on the same grounds as either party to the cause and shall have the right to settle and compromise actions brought pursuant to law.

(2)(a) By accepting temporary cash assistance or Title IV-E assistance, the recipient assigns to the department any right, title, and interest to support the recipient may be owed:

1. From any other person up to the amount of temporary cash assistance or Title IV-E assistance paid where no court order has been entered, or where there is a court order it is limited to the amount provided by such court order;

2. On the recipient’s own behalf or in behalf of another family member for whom the recipient is receiving temporary cash or Title IV-E assistance; and

3. At the time that the assignment becomes effective by operation of law.

(b) The recipient of public assistance appoints the department as her or his attorney in fact to act in her or his name, place, and stead to perform specific acts relating to the establishment of paternity or the establishment, modification, or enforcement of support obligations, including, but not limited to:

1. Endorsing any draft, check, money order, or other negotiable instrument representing support payments which are received on behalf of the dependent child as reimbursement for the public assistance moneys previously or currently paid;

2. Compromising claims;

3. Pursuing the establishment or modification of support obligations;

4. Pursuing civil and criminal enforcement of support obligations; and

5. Executing verified complaints for the purpose of instituting an action for the determination of paternity of a child born, or to be born, out of wedlock.

(3) The department shall be subrogated to the right of the dependent child or person having the care, custody, and control of the child to prosecute or maintain any support action or action to determine paternity or execute any legal, equitable, or administrative remedy existing under the laws of the state to obtain reimbursement of temporary cash assistance or Title IV-E assistance paid, being paid, or to be paid.

(4) No obligation of support under this section shall be incurred by any person who is the recipient of supplemental security income or temporary cash assistance for the benefit of a dependent child or who is incapacitated and financially unable to pay as determined by the department.

(5) With respect to cases for which there is an assignment in effect:

(a) The IV-D agency shall obtain basic medical support information for Medicaid recipients and applicants for Medicaid and provide this information to the state Medicaid agency for third-party liability purposes.

(b) When health insurance is obtained for the dependent child, the IV-D agency shall provide health insurance policy information, including any information available about the health insurance policy which would permit a claim to be filed or, in the case of a health maintenance or preferred provider organization, service to be provided, to the state Medicaid agency.

(c) The state Medicaid agency, upon receipt of the health insurance information from the IV-D agency, shall notify the insuring entity that the Medicaid agency must be notified within 30 days after the health insurance is discontinued.

(d) Entities providing health insurance as defined in s. 624.603 and health maintenance organizations and prepaid health clinics as defined in chapter 641 shall provide such records and information as is necessary to accomplish the purpose of this subsection, unless such requirement results in an unreasonable burden.

(e) Upon the state Medicaid agency receiving notice from the insuring entity that the health insurance is discontinued due to cancellation or other means, the Medicaid agency shall notify the IV-D agency of such discontinuance and the effective date. When appropriate, the IV-D agency shall then take action to bring the obligor before the court for enforcement.

History.—s. 4, ch. 76-220; s. 1, ch. 77-174; s. 2, ch. 82-140; s. 2, ch. 85-178; s. 142, ch. 86-220; s. 16, ch. 87-95; s. 11, ch. 88-176; s. 7, ch. 89-183; s. 4, ch. 91-71; s. 6, ch. 94-124; s. 5, ch. 94-318; s. 254, ch. 96-406; s. 1020, ch. 97-103; s. 47, ch. 97-170; s. 23, ch. 98-397; s. 11, ch. 99-375; s. 29, ch. 2001-158; s. 11, ch. 2004-334; s. 25, ch. 2005-39; s. 9, ch. 2005-82; s. 5, ch. 2009-90.

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Amendments to 409.2561

Arrestable Offenses / Crimes under Fla. Stat. 409.2561

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 409.2561.

Annotations, Discussions, Cases:

Cases Citing Statute 409.2561

Total Results: 20

ANDREW BOUKZAM v. JOSSI JUGO

Court: Fla. Dist. Ct. App. | Date Filed: 2020-03-18T00:53:00-07:00

Snippet: interest to support the recipient may be owed.” § 409.2561(2)(a), Fla. Stat. (2018). The Department is then… laws of the state to obtain reimbursement.” § 409.2561(3), Fla. Stat. (2018). Actions for support …interest to support the recipient may be owed.” § 409.2561(2)(a), Fla. Stat. (2018). As the majority points… laws of the state to obtain reimbursement.” § 409.2561(3), Fla. Stat. (2018). It is also significant

DOR v. Curtis

Court: Fla. Dist. Ct. App. | Date Filed: 2018-05-28T00:53:00-07:00

Snippet: enforcement of support obligations . . . ." § 409.2561(2)(b)4., Fla. Stat. (2017). In this case…enforcing the administrative child support order. §§ 409.2561(2)(b), 409.2564(5), Fla. Stat. (2017); see also

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

Snippet: determined by the department. § 409.2561, Fla. Stat. Section 409.2561(4) does not exclude SSI from the…Revenue, on Mother’s behalf, argues that section 409.2561(4), Florida Statutes (2014), prevents the inclusion… SSI is excused from paying support” (citing § 409.2561(4), Fla. Stat.)). The Legislature chose not to

State of Florida, Dept. of Revenue etc. v. Carlton Hasani Kerr

Court: Fla. Dist. Ct. App. | Date Filed: 2015-02-08T00:00:00-08:00

Citation: 155 So. 3d 1262

Snippet: mother. See generally §§ 409.2551,409.2561, 409.2564, 409.2567, Fla. Stat. (2014). Additionally

Department of Revenue ex rel. Roberson v. Chaney

Court: Fla. Dist. Ct. App. | Date Filed: 2012-06-08T00:00:00-07:00

Citation: 90 So. 3d 883

Snippet: .2551, Fla. Stat. (emphasis added); see also § 409.2561(1), Fla. Stat. (referencing the “public necessity

Department of Revenue v. Selles

Court: Fla. Dist. Ct. App. | Date Filed: 2010-11-10T00:00:00-08:00

Citation: 47 So. 3d 916

Snippet: recipient of public assistance, as provided by ss. 409.2561 and 409.2567; 2. A former recipient of public …409.2567; 4. Itself or the child, as provided by s. 409.2561; or 5. A state or local government of another

Hill v. Calderin

Court: Fla. Dist. Ct. App. | Date Filed: 2010-10-13T00:00:00-07:00

Citation: 47 So. 3d 852

Snippet: behalf of a dependent child's custodian. § 409.2561, Fla. Stat. (2009); Lamm v. Chapman, 413 So.2d

Department of Revenue v. Marchines

Court: Fla. Dist. Ct. App. | Date Filed: 2007-03-16T00:00:00-07:00

Citation: 974 So. 2d 1085

Snippet: for supplemental security income (SSI).1 Section 409.2561(4), Florida Statutes (2004), provides that anyone…correctly determined that the language of section 409.2561(4) precluded the Department from enforcing the…Department that he was incapacitated and that section 409.2561(4) provided a complete defense to enforcement …this state to the remedy sought,” i.e., section 409.2561(4). The language in sections 88.6031, 88.6051,…the child support arrearage by virtue of section 409.2561(4), but it did not “vacate” the registration.

In Re Adoption of Baby A.

Court: Fla. Dist. Ct. App. | Date Filed: 2006-07-21T00:53:00-07:00

Citation: 944 So. 2d 380

Snippet: be subrogated to her rights against A.S. See § 409.2561, Fla. Stat. (2004). As noted above, he would also

ROBERT S. THURLOW, PA v. LaFata

Court: Fla. Dist. Ct. App. | Date Filed: 2005-12-08T23:53:00-08:00

Citation: 915 So. 2d 737

Snippet: opinion. NOTES [1] Section 409.2561 of the Florida Statutes provides: 409.2561. Support obligations when…, although the Legislature has enacted section 409.2561 of *740 the Florida Statutes[1] in order to expressly…assignment becomes effective by operation of law. § 409.2561(2)(a), Fla. Stat. (2003). See also Dep't

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

Snippet: is supported by statute and case law. Section 409.2561(1), Florida Statutes (Supp. 1998), provides that…or child support order.” § 409.2554(6). Section 409.2561(4) expressly excludes the custodial parent from

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

Court: Fla. Dist. Ct. App. | Date Filed: 1999-10-08T00:00:00-07:00

Citation: 742 So. 2d 501

Snippet: assistance money for the benefit of the child. See § 409.2561(2)(a), Fla. Stat. (1991). In its final judgment….2551, Fla. Stat. (1991). To that end, section 409.2561(1) provides that the payment of public assistance… Golden. In turn, DOR, by operation of section 409.2561(2)(a), will be entitled to any support owed by

Johns v. Richards

Court: Fla. Dist. Ct. App. | Date Filed: 1998-09-23T00:53:00-07:00

Citation: 717 So. 2d 1103

Snippet: held legally responsible for reimbursing.[1]See § 409.2561, Fla. Stat. (1997). Finley makes it clear that

Department of Revenue v. Nelson

Court: Fla. Dist. Ct. App. | Date Filed: 1998-09-18T00:00:00-07:00

Citation: 717 So. 2d 201

Snippet: in s. 61.30 for the public assistance period. § 409.2561(1), Fla. Stat. (1997). Here, no evidence was submitted

State Dept. of Revenue v. Ortega

Court: Fla. Dist. Ct. App. | Date Filed: 1996-10-23T00:53:00-07:00

Citation: 682 So. 2d 589

Snippet: of the mother in this paternity action, section 409.2561(3), Florida Statutes (1995), appeals the final

Department of Revenue ex rel. Welshans v. Pericola

Court: Fla. Dist. Ct. App. | Date Filed: 1995-11-03T00:00:00-08:00

Citation: 662 So. 2d 386, 1995 Fla. App. LEXIS 11566, 1995 WL 642265

Snippet: to, or for the benefit of a dependent child. § 409.2561, Fla.Stat. (1993); Department of Health and Rehabilitative…), rev. denied, 488 So.2d 829 (Fla.1986). . § 409.2561(1), Fla.Stat. (1993). No. 95-189 District

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

Snippet: him. However, when read together with section 409.2561(1), Florida Statutes (1991), the phrase “child…, v. 636 So.2d 550 (Fla. 2d DCA 1994). Section 409.2561(1), Florida Statutes (1991), provides in pertinent

State, Department of Health & Rehabilitative Services v. Maus

Court: Fla. Dist. Ct. App. | Date Filed: 1994-07-20T00:00:00-07:00

Citation: 639 So. 2d 202

Snippet: parent, states a cause of action under section 409.2561, Florida Statutes (1993). While the complaint

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

Snippet: order.” However, when read together with section 409.2561(1), Florida Statutes (1991), the phrase “child…public assistance monies have been paid. Section 409.2561(1), Florida Statutes (1991), provides: (1) Any

Taylor v. McGregor

Court: Fla. Dist. Ct. App. | Date Filed: 1993-03-30T00:00:00-08:00

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

Snippet: 602 So.2d at 652; Crossdale, 585 So.2d at 481; § 409.2561(3), Fla. Stat. (1989). Consequently, it must assume