Florida Statutes
Fla. Stat. § 409.2561 (2025)
Support obligations when public assistance is paid; assignment of rights; subrogation; medical and health insurance information.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 59
cases, 1980–2020 · leading case: Lamm v. Chapman, 413 So. 2d 749 (Fla. 1982).
Lamm v. Chapman, 413 So. 2d 749 (Fla. 1982). “3d DCA 1980), which assertedly invalidated a remedy provided under section 409.2561, Florida Statutes (1979), which conflicts with the Second District Court of Appeal's holding in Andrews v.”
Davis v. Swatts, 556 So. 2d 467 (Fla. 1st DCA 1990). “§ 409.2561(1), Fla. Stat. (Supp. 1988). The statute defines "obligor" as "a person who is responsible for making support payments pursuant to an alimony or child support order.”
Dept. of Health & Rehab. Servs. v. Wyatt, 475 So. 2d 1332 (Fla. 5th DCA 1985). “The complaint alleged the child was receiving public assistance and that HRS was subrogated to the support rights of the child pursuant to section 409.2561, Florida Statutes (1981).”
In Interest of DFW, 497 So. 2d 925 (Fla. 5th DCA 1986). “was entitled to collect and receive the support payments under section 409.2561, Florida Statutes. Alleging that the father was in arrears in payment of child support, H.”
Dept. of Health & Rehab. Servs. v. Thomas, 477 So. 2d 1053 (Fla. 5th DCA 1985). “When the father refused to pay, HRS brought suit under section 409.2561, Florida Statutes, which gives HRS the right to petition the circuit court to order the "responsible parent" to reimburse HRS for public assistance payments made to, or for the benefit of, a dependent child.”
In Re Maiten, 225 B.R. 246 (Bankr. M.D. Fla. 1998). “Debtors contend the claim for child support owed by Debtor, Erwin Maiten, has been assigned to the Department of Revenue, by operation of law, pursuant to Florida Statute § 409.2561, and therefore, is non-priority under 11 U.”
Sapp v. Daniels, 520 So. 2d 641 (Fla. 1st DCA 1988). “ts of certain children determined to be eligible for Aid to Families With Dependent Children (AFDC) benefits, contend that the lower court erred in directing them, jointly, with the noncustodial parents, to reimburse *642 the Department of Health and Rehabilitative Services…”
DHRS v. Crossdale, 585 So. 2d 481 (Fla. 4th DCA 1991). “Here there is absolutely nothing in either chapter 61 or chapter 409 exempting HRS from any liability for fees or costs when bringing *483 support enforcement proceedings under section 409.2561. When the legislature dropped the remedies of chapter 61 into HRS's quiver, this one…”
Dep't of Revenue v. Marchines, 974 So. 2d 1085 (Fla. 2d DCA 2007). “1 Section 409.2561(4), Florida Statutes (2004), provides that anyone receiving SSI is excused from paying support.”
Brake v. Sanchez-Lopez, 452 So. 2d 1071 (Fla. 3d DCA 1984). “Such payments are obtained by a custodian on behalf of minor children and are intended for their support and maintenance. Both the Florida legislature and the Florida courts have recognized the importance of protecting against the diversion of support payments from their…”
In Interest of Js, 444 So. 2d 1148 (Fla. 5th DCA 1984). “Upon proper application filed with HRS, this statute does appear to explicitly impose mandatory duties on HRS to assist individuals, such as the court appointed custodian of an illegitimate child, as to paternity determination and child support collection in instances other than…”
Thaysen v. Thaysen, 583 So. 2d 663 (Fla. 1991). “§ 409.2561(1) (HRS "may," not "shall," bring modification proceedings); 45 C.”
— 409.2561(1) — 22 cases
Davis v. Swatts, 556 So. 2d 467 (Fla. 1st DCA 1990). “§ 409.2561(1), Fla. Stat. (Supp. 1988). The statute defines "obligor" as "a person who is responsible for making support payments pursuant to an alimony or child support order.”
Lamm v. Chapman, 413 So. 2d 749 (Fla. 1982). “3d DCA 1980), which assertedly invalidated a remedy provided under section 409.2561, Florida Statutes (1979), which conflicts with the Second District Court of Appeal's holding in Andrews v.”
Brake v. Sanchez-Lopez, 452 So. 2d 1071 (Fla. 3d DCA 1984). “Such payments are obtained by a custodian on behalf of minor children and are intended for their support and maintenance. Both the Florida legislature and the Florida courts have recognized the importance of protecting against the diversion of support payments from their…”
Thaysen v. Thaysen, 583 So. 2d 663 (Fla. 1991). “§ 409.2561(1) (HRS "may," not "shall," bring modification proceedings); 45 C.”
Dept. of Health & Rehab. Serv. v. Holland, 602 So. 2d 652 (Fla. 5th DCA 1992).
— 409.2561(2)(a) — 5 cases
In Re Maiten, 225 B.R. 246 (Bankr. M.D. Fla. 1998). “Debtors contend the claim for child support owed by Debtor, Erwin Maiten, has been assigned to the Department of Revenue, by operation of law, pursuant to Florida Statute § 409.2561, and therefore, is non-priority under 11 U.”
Andrew Boukzam v. Jossi Jugo (Fla. 4th DCA 2020).
State, Dep't of Health & Rehabilitative Servs. v. Nadeau, 574 So. 2d 1172 (Fla. 1st DCA 1991).
Florida Dep't of Revenue ex rel. S.R.M. v. M.C.W., 742 So. 2d 501 (Fla. 2d DCA 1999).
Robert S. Thurlow, Pa v. Lafata, 915 So. 2d 737 (Fla. 5th DCA 2005).
— 409.2561(2)(a)(1) — 1 case
Davis v. Swatts, 556 So. 2d 467 (Fla. 1st DCA 1990). “§ 409.2561(1), Fla. Stat. (Supp. 1988). The statute defines "obligor" as "a person who is responsible for making support payments pursuant to an alimony or child support order.”
— 409.2561(2)(b) — 1 case
DOR v. Curtis, 247 So. 3d 715 (Fla. 5th DCA 2018).
— 409.2561(3) — 10 cases
Lamm v. Chapman, 413 So. 2d 749 (Fla. 1982). “3d DCA 1980), which assertedly invalidated a remedy provided under section 409.2561, Florida Statutes (1979), which conflicts with the Second District Court of Appeal's holding in Andrews v.”
Dept. of Health & Rehab. Servs. v. Thomas, 477 So. 2d 1053 (Fla. 5th DCA 1985). “When the father refused to pay, HRS brought suit under section 409.2561, Florida Statutes, which gives HRS the right to petition the circuit court to order the "responsible parent" to reimburse HRS for public assistance payments made to, or for the benefit of, a dependent child.”
DHRS v. Crossdale, 585 So. 2d 481 (Fla. 4th DCA 1991). “Here there is absolutely nothing in either chapter 61 or chapter 409 exempting HRS from any liability for fees or costs when bringing *483 support enforcement proceedings under section 409.2561. When the legislature dropped the remedies of chapter 61 into HRS's quiver, this one…”
State Dept. of Revenue v. Ortega, 682 So. 2d 589 (Fla. 2d DCA 1996).
Davis v. Swatts, 556 So. 2d 467 (Fla. 1st DCA 1990). “§ 409.2561(1), Fla. Stat. (Supp. 1988). The statute defines "obligor" as "a person who is responsible for making support payments pursuant to an alimony or child support order.”
— 409.2561(3)(c) — 2 cases
Lamm v. Chapman, 413 So. 2d 749 (Fla. 1982). “3d DCA 1980), which assertedly invalidated a remedy provided under section 409.2561, Florida Statutes (1979), which conflicts with the Second District Court of Appeal's holding in Andrews v.”
Dep't of Health & Rehabilitative Servs. v. Sweeting, 423 So. 2d 1025 (Fla. 4th DCA 1982).
— 409.2561(4) — 9 cases
Dept. of Health & Rehab. Servs. v. Wyatt, 475 So. 2d 1332 (Fla. 5th DCA 1985). “The complaint alleged the child was receiving public assistance and that HRS was subrogated to the support rights of the child pursuant to section 409.2561, Florida Statutes (1981).”
Dep't of Revenue v. Marchines, 974 So. 2d 1085 (Fla. 2d DCA 2007). “1 Section 409.2561(4), Florida Statutes (2004), provides that anyone receiving SSI is excused from paying support.”
In Interest of Js, 444 So. 2d 1148 (Fla. 5th DCA 1984). “Upon proper application filed with HRS, this statute does appear to explicitly impose mandatory duties on HRS to assist individuals, such as the court appointed custodian of an illegitimate child, as to paternity determination and child support collection in instances other than…”
Davis v. Swatts, 556 So. 2d 467 (Fla. 1st DCA 1990). “§ 409.2561(1), Fla. Stat. (Supp. 1988). The statute defines "obligor" as "a person who is responsible for making support payments pursuant to an alimony or child support order.”
Kemper v. Dep't of Revenue ex rel. Kemper, 159 So. 3d 303 (Fla. 5th DCA 2015).
— 409.2561(5) — 1 case
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).
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