Florida Statute 409.2561 - Full Text and Legal Analysis

The 2025 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

Annotations, Discussions, Cases:

Cases Citing Statute 409.2561

Total Results: 58

Lamm v. Chapman

413 So. 2d 749

Supreme Court of Florida | Filed: Mar 11, 1982 | Docket: 1344628

Cited 22 times | Published

assertedly invalidated a remedy provided under section 409.2561, Florida Statutes (1979), which conflicts

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

602 So. 2d 652, 1992 WL 158125

District Court of Appeal of Florida | Filed: Jul 10, 1992 | Docket: 1321427

Cited 12 times | Published

filing suit, as it is required to do under section 409.2561(1). The comparison of financial resources

Dept. of Health & Rehab. Services v. Thomas

477 So. 2d 1053, 10 Fla. L. Weekly 2406

District Court of Appeal of Florida | Filed: Oct 24, 1985 | Docket: 1320318

Cited 11 times | Published

father refused to pay, HRS brought suit under section 409.2561, Florida Statutes, which gives HRS the right

Dept. of Health & Rehab. Services v. Wyatt

475 So. 2d 1332, 10 Fla. L. Weekly 2229

District Court of Appeal of Florida | Filed: Sep 26, 1985 | Docket: 1301979

Cited 11 times | Published

the support rights of the child pursuant to section 409.2561, Florida Statutes (1981). Count I prayed for

DEPT. OF HEALTH AND REHAB. SERV. v. Heffler

382 So. 2d 301

Supreme Court of Florida | Filed: Mar 27, 1980 | Docket: 1255044

Cited 8 times | Published

federal statute. 42 U.S.C. § 654(6)(A). Since section 409.2561(4) allows reimbursement of HRS's expenses

In Interest of DFW

497 So. 2d 925, 11 Fla. L. Weekly 2381

District Court of Appeal of Florida | Filed: Nov 13, 1986 | Docket: 1689774

Cited 7 times | Published

collect and receive the support payments under section 409.2561, Florida Statutes. Alleging that the father

Brake v. Sanchez-Lopez

452 So. 2d 1071

District Court of Appeal of Florida | Filed: Jul 10, 1984 | Docket: 474533

Cited 6 times | Published

support payments from their intended beneficiaries. § 409.2561(1), Fla. Stat. (1977).[1]State, Department of

Hill v. Calderin

47 So. 3d 852, 2010 Fla. App. LEXIS 15570, 2010 WL 3985121

District Court of Appeal of Florida | Filed: Oct 13, 2010 | Docket: 2396097

Cited 5 times | Published

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

Johns v. Richards

717 So. 2d 1103, 1998 WL 646681

District Court of Appeal of Florida | Filed: Sep 23, 1998 | Docket: 1277336

Cited 5 times | Published

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

DHRS v. Crossdale

585 So. 2d 481

District Court of Appeal of Florida | Filed: Sep 11, 1991 | Docket: 1688674

Cited 5 times | Published

behalf the enforcement proceeding is brought. Section 409.2561(3), Florida Statutes (1989). One of the remedies

DEPT. OF H. & R. SERV. v. Chambers

472 So. 2d 1358, 10 Fla. L. Weekly 1817

District Court of Appeal of Florida | Filed: Jul 26, 1985 | Docket: 1793822

Cited 5 times | Published

HARRY W., Associate Judge, concur. NOTES [1] Section 409.2561, Florida Statutes (1983), provides, in pertinent

State Dept. of Revenue v. Ortega

682 So. 2d 589, 1996 WL 604178

District Court of Appeal of Florida | Filed: Oct 23, 1996 | Docket: 1276144

Cited 4 times | Published

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

Lewis v. Lewis

569 So. 2d 1342, 1990 WL 175080

District Court of Appeal of Florida | Filed: Nov 9, 1990 | Docket: 1660593

Cited 4 times | Published

bear equal responsibility for such repayment. Section 409.2561(4), F.S., however, expressly excludes the

In Re Adoption of Baby A.

944 So. 2d 380, 2006 WL 2033896

District Court of Appeal of Florida | Filed: Jul 21, 2006 | Docket: 1649311

Cited 3 times | Published

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

Thaysen v. Thaysen

583 So. 2d 663, 1991 WL 117534

Supreme Court of Florida | Filed: Jul 3, 1991 | Docket: 1284402

Cited 3 times | Published

public attorneys and child support proceedings. § 409.2561(1) (HRS "may," not "shall," bring modification

Wilkinson v. Coggin

552 So. 2d 348, 1989 WL 139522

District Court of Appeal of Florida | Filed: Nov 22, 1989 | Docket: 1663752

Cited 3 times | Published

a modification in this case because, while section 409.2561 expressly authorizes HRS to apply for modification

Sapp v. Daniels

520 So. 2d 641, 13 Fla. L. Weekly 435

District Court of Appeal of Florida | Filed: Feb 16, 1988 | Docket: 1709403

Cited 3 times | Published

behalf of their minor children, pursuant to Section 409.2561, Florida Statutes. We reverse, concluding

Walden v. Florida, Department of Health & Rehabilitative Services (In Re Walden)

60 B.R. 641, 1986 Bankr. LEXIS 6105

United States Bankruptcy Court, M.D. Florida | Filed: May 7, 1986 | Docket: 1832651

Cited 3 times | Published

occur. In 1976, the Florida legislature enacted § 409.2561 which states that any payment of public assistance

FLA. D. OF HEALTH & REHAB. SERVICES v. Cisneros

446 So. 2d 727

District Court of Appeal of Florida | Filed: Mar 14, 1984 | Docket: 1780190

Cited 3 times | Published

discharge of its statutory obligation under section 409.2561 and section 409.2564, Florida Statutes (1981)

Bowen v. Bowen

454 So. 2d 565

District Court of Appeal of Florida | Filed: Jan 25, 1984 | Docket: 444351

Cited 3 times | Published

a support proceeding brought by HRS under section 409.2561, Florida Statutes (1981). Two supreme court

Andrews v. Walton

400 So. 2d 790

District Court of Appeal of Florida | Filed: Jun 10, 1981 | Docket: 1263830

Cited 3 times | Published

coerce payments assigned to the State under section 409.2561(3), Florida Statutes (1979). We affirm. *791

In Re Maiten

225 B.R. 246, 12 Fla. L. Weekly Fed. B 39, 1998 Bankr. LEXIS 1229, 1998 WL 684217

United States Bankruptcy Court, M.D. Florida | Filed: Sep 28, 1998 | Docket: 1791546

Cited 2 times | Published

operation of law, pursuant to Florida Statute § 409.2561, and therefore, is non-priority under 11 U.S

State, Dhrs v. D'Andrea

542 So. 2d 1369, 1989 WL 49597

District Court of Appeal of Florida | Filed: May 10, 1989 | Docket: 468951

Cited 2 times | Published

received on behalf of a minor child. We agree. Section 409.2561(4), Florida Statutes (1988 Supp.), expressly

ST. DEPT. OF HLT. & REHAB. v. LaPlante

470 So. 2d 832, 10 Fla. L. Weekly 1495

District Court of Appeal of Florida | Filed: Jun 12, 1985 | Docket: 1676682

Cited 2 times | Published

arrearages in child support due the state under section 409.2561, Florida Statutes (Supp. 1982).[1] HRS based

Dept. of Health & Rehab. Services v. Walker

411 So. 2d 347

District Court of Appeal of Florida | Filed: Mar 24, 1982 | Docket: 1696961

Cited 2 times | Published

modification of the dissolution judgment pursuant to Section 409.2561, Florida Statutes (1981). Moreover, the husband

Kemper v. Department of Revenue ex rel. Kemper

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

District Court of Appeal of Florida | Filed: Mar 6, 2015 | Docket: 60246551

Cited 1 times | Published

of Revenue, on Mother’s behalf, argues that section 409.2561(4), Florida Statutes (2014), prevents the

STATE, DEPT. OF HEALTH & REH. SERV. v. Hatfield

522 So. 2d 61

District Court of Appeal of Florida | Filed: Feb 12, 1988 | Docket: 1191274

Cited 1 times | Published

petition filed by HRS alleged that pursuant to section 409.2561(1), Florida Statutes (1985), Hatfield was

In Interest of Js

444 So. 2d 1148

District Court of Appeal of Florida | Filed: Feb 9, 1984 | Docket: 1510632

Cited 1 times | Published

that HRS would institute proceedings under section 409.2561(4), Florida Statutes (1981), to legally establish

In Interest of Js

444 So. 2d 1148

District Court of Appeal of Florida | Filed: Feb 9, 1984 | Docket: 1510632

Cited 1 times | Published

that HRS would institute proceedings under section 409.2561(4), Florida Statutes (1981), to legally establish

ANDREW BOUKZAM v. JOSSI JUGO

District Court of Appeal of Florida | Filed: Mar 18, 2020 | Docket: 16986314

Published

interest to support the recipient may be owed.” § 409.2561(2)(a), Fla. Stat. (2018). The Department is then

DOR v. Curtis

247 So. 3d 715

District Court of Appeal of Florida | Filed: May 28, 2018 | Docket: 7094846

Published

enforcement of support obligations . . . ." § 409.2561(2)(b)4., Fla. Stat. (2017). In this case

Department of Revenue ex rel. Roberson v. Chaney

90 So. 3d 883, 2012 WL 2053297, 2012 Fla. App. LEXIS 9184

District Court of Appeal of Florida | Filed: Jun 8, 2012 | Docket: 60309676

Published

409.2551, Fla. Stat. (emphasis added); see also § 409.2561(1), Fla. Stat. (referencing the “public necessity

Department of Revenue v. Marchines

974 So. 2d 1085, 2007 Fla. App. LEXIS 3848, 2007 WL 777507

District Court of Appeal of Florida | Filed: Mar 16, 2007 | Docket: 64853926

Published

filed for supplemental security income (SSI).1 Section 409.2561(4), Florida Statutes (2004), provides that

ROBERT S. THURLOW, PA v. LaFata

915 So. 2d 737, 2005 WL 3326008

District Court of Appeal of Florida | Filed: Dec 9, 2005 | Docket: 1690545

Published

that, although the Legislature has enacted section 409.2561 of *740 the Florida Statutes[1] in order to

Florida Department of Revenue ex rel. Troutman v. Troutman

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

District Court of Appeal of Florida | Filed: Dec 28, 2001 | Docket: 64811754

Published

benefits is supported by statute and case law. Section 409.2561(1), Florida Statutes (Supp. 1998), provides

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

742 So. 2d 501, 1999 Fla. App. LEXIS 13340, 1999 WL 890716

District Court of Appeal of Florida | Filed: Oct 8, 1999 | Docket: 64791419

Published

assistance money for the benefit of the child. See § 409.2561(2)(a), Fla. Stat. (1991). In its final judgment

Department of Revenue v. Nelson

717 So. 2d 201, 1998 WL 637006

District Court of Appeal of Florida | Filed: Sep 18, 1998 | Docket: 64782704

Published

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

Department of Revenue ex rel. Welshans v. Pericola

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

District Court of Appeal of Florida | Filed: Nov 3, 1995 | Docket: 64759927

Published

to, or for the benefit of a dependent child. § 409.2561, Fla.Stat. (1993); Department of Health and Rehabilitative

State Department of Health & Rehabilitative Services v. Spragg

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

District Court of Appeal of Florida | Filed: Jul 29, 1994 | Docket: 64749901

Published

against him. However, when read together with section 409.2561(1), Florida Statutes (1991), the phrase “child

State, Department of Health & Rehabilitative Services v. Maus

639 So. 2d 202, 1994 Fla. App. LEXIS 7082, 1994 WL 375801

District Court of Appeal of Florida | Filed: Jul 20, 1994 | Docket: 64749585

Published

responsible 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.

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

District Court of Appeal of Florida | Filed: May 6, 1994 | Docket: 64748228

Published

support order.” However, when read together with section 409.2561(1), Florida Statutes (1991), the phrase “child

Taylor v. McGregor

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

District Court of Appeal of Florida | Filed: Mar 30, 1993 | Docket: 64695263

Published

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

Department of Health & Rehabilitative Services v. Prince

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

District Court of Appeal of Florida | Filed: Jun 5, 1992 | Docket: 64668660

Published

brought this action against the father under section 409.2561, Florida Statutes, as assignee of the support

Department of Health & Rehabilitative Services v. McLemore

585 So. 2d 1074, 1991 Fla. App. LEXIS 8608, 1991 WL 174429

District Court of Appeal of Florida | Filed: Sep 6, 1991 | Docket: 64661582

Published

of public assistance benefits, pursuant to section 409.2561, Florida Statutes (1989). HRS contends that

State, Department of Health & Rehabilitative Services v. Baker

585 So. 2d 1075, 1991 Fla. App. LEXIS 8911, 16 Fla. L. Weekly Fed. D 2353

District Court of Appeal of Florida | Filed: Sep 6, 1991 | Docket: 64661583

Published

citizenry through public assistance programs.” Section 409.2561(1), Florida Statutes (1989), which sets forth

State, Department of Health & Rehabilitative Services v. Nadeau

574 So. 2d 1172, 1991 Fla. App. LEXIS 924, 1991 WL 15005

District Court of Appeal of Florida | Filed: Feb 6, 1991 | Docket: 64656498

Published

however, petitioners drew our attention to section 409.2561(2)(a), which provides: By accepting public

State, Department of Health & Rehabilitative Services ex rel. Branchaud v. Branchaud

574 So. 2d 185, 1991 Fla. App. LEXIS 207, 1991 WL 2789

District Court of Appeal of Florida | Filed: Jan 16, 1991 | Docket: 64656309

Published

parent were receiving public assistance. See section 409.2561(1), Florida Statutes (1989). . I would thus

State, Department of Health & Rehabilitative Services, Office of Child Support Enforcement v. Brownlow

557 So. 2d 200, 1990 Fla. App. LEXIS 1070, 1990 WL 15913

District Court of Appeal of Florida | Filed: Feb 21, 1990 | Docket: 64648456

Published

reimbursement for public assistance monies paid. See § 409.2561(1), Florida Statutes (1988 Supp.); State, Department

Davis v. Swatts

556 So. 2d 467, 1990 WL 7624

District Court of Appeal of Florida | Filed: Jan 31, 1990 | Docket: 1528432

Published

appellee's obligation, the appellant argues that section 409.2561(1), Florida Statutes (Supp. 1988) requires

State, Department of Health & Rehabilitative Services v. Hatfield

522 So. 2d 61, 13 Fla. L. Weekly 443, 1988 Fla. App. LEXIS 565

District Court of Appeal of Florida | Filed: Feb 12, 1988 | Docket: 64633559

Published

petition filed by HRS alleged that pursuant to section 409.2561(1), Florida Statutes (1985), Hatfield was

State Department of Health & Rehabilitative Services, Office of Child Support Enforcement ex rel. Whitman v. Whitman

481 So. 2d 968, 11 Fla. L. Weekly 218, 1986 Fla. App. LEXIS 5940

District Court of Appeal of Florida | Filed: Jan 15, 1986 | Docket: 64616785

Published

2d 1255 (Fla.2d DCA 1978). Moreover, under section 409.-2561(1), Florida Statutes (1983), appellee is required

State, Department of Health & Rehabilitative Services, Office of Child Support Enforcement ex rel. Parks v. Parks

479 So. 2d 823, 10 Fla. L. Weekly 2756, 1985 Fla. App. LEXIS 16944

District Court of Appeal of Florida | Filed: Dec 13, 1985 | Docket: 64616056

Published

appellee’s minor children. In its petition under section '409.2561(3)(c), Florida Statutes (Supp.1982), HRS alleged

Department of Health & Rehabilitative Services v. Chambers

472 So. 2d 1358, 10 Fla. L. Weekly 1817, 1985 Fla. App. LEXIS 14412

District Court of Appeal of Florida | Filed: Jul 26, 1985 | Docket: 64613279

Published

FO-GLE, HARRY W., Associate Judge, concur. . Section 409.2561, Florida Statutes (1983), provides, in pertinent

State, Department of Health & Rehabilitative Services v. LaPlante

470 So. 2d 832, 10 Fla. L. Weekly 1495, 1985 Fla. App. LEXIS 14545

District Court of Appeal of Florida | Filed: Jun 12, 1985 | Docket: 64612569

Published

arrearages in child support due the state under section 409.2561, Florida Statutes (Supp.1982).1 HRS based

Camps v. Department of Health & Rehabilitative Services ex rel. Jamerson

459 So. 2d 1140, 9 Fla. L. Weekly 2460, 1984 Fla. App. LEXIS 15910

District Court of Appeal of Florida | Filed: Nov 23, 1984 | Docket: 64608484

Published

Jamerson from the time of her birth. Pursuant to section 409.2561, Florida Statutes (1988), HRS filed suit against

Department of Health & Rehabilitative Services v. Sweeting

423 So. 2d 1025, 1982 Fla. App. LEXIS 22209

District Court of Appeal of Florida | Filed: Dec 29, 1982 | Docket: 64594119

Published

district court’s opinion. Upon examination of Section 409.2561 and the declared public policy regarding child

Plummer v. Copeland

408 So. 2d 686, 1982 Fla. App. LEXIS 18873

District Court of Appeal of Florida | Filed: Jan 6, 1982 | Docket: 64587313

Published

child support assigned to the state under Section 409.2561(3), Florida Statutes (1979). We conclude that

State, Department of Health & Rehabilitative Services v. King

390 So. 2d 1224, 1980 Fla. App. LEXIS 18185

District Court of Appeal of Florida | Filed: Dec 9, 1980 | Docket: 64579110

Published

to the department by the responsible parent. § 409.2561, Florida Statutes. However, that section specifically