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    Florida State Law

    1. General Program-At-A-Glance

    1. How many local child support offices are in your state excluding agencies with cooperative agreements?
    33
    2. What is the name of your IV-D agency?
    Florida Department of Revenue Child Support Program.
    3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe.
    Both. If paternity has been established or is presumed by law and there is no existing support order (including those orders that reserve jurisdiction on support, orders that establish a zero support amount, or medical support only orders) the administrative process would be used, as per sections 409.2563 and 120.80(14)(c), Florida Statutes. For foster care cases, change-of-payee cases, Medicaid-only cases where the custodial parent or caretaker relative does not want the Department of Revenue to address child support issues, judicial referrals already in progress, and cases previously dismissed (except for lack of service or record activity) the judicial process would be used. Additionally, if the cases do not meet the criteria for the administrative establishment of support as listed above, or if the noncustodial parent makes a timely request for a judicial determination of support, the judicial process would be used.
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    4. Does your state use the following applications: EDE, CSENET, QUICK?
    EDE-No; CSNET-Yes; QUICK-Yes

    2. Duration Of Support

    1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s).
    Support ends at age 18, unless the child is still in high school and expected to graduate before age 19 in which case support ends upon graduation. Sections 61.14(9) and 743.07, Florida Statutes.
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    2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
    18 years of age.
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    3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.
    Yes. This statute operates prospectively and does not affect the rights and obligations existing prior to July 1, 1973. (s. 743.07(3), Florida Statutes).
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    4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe.
    Yes. If a court declares a minor child(ren) dependent beyond age 18 due to mental or physical disability; if the child is 18 and still in high school and will graduate before age 19; or if support is otherwise ordered.
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    5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe.
    Courts have discretion if the minor is dependent and living independently. A court order of emancipation is required.
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    6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent?
    No.
    7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe.
    Yes. Only for child support orders entered on or after October 1, 2010, if provided by the terms of the support order. For multiple child orders, a step-down schedule is required, s. 61.13(1) FS.
    8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances.
    NO.

    3. Statute Of Limitations

    1. What is your state's statute of limitations for the collection of past-due support?
    None, but the equitable defense of laches is available.
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    2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain.
    Four (4) years after the child's 18th birthday. Section 95.11(3)(b)
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    3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long?
    No.
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    4. Support Details

    1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)?
    Income Shares Model.
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    2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation.
    Yes. The Clerk of Court calculates interest for final judgments. Interest rates on judgments are determined annually by the state's Chief Financial Officer as provided by Section 55.03, F.S. See section 61.14(6)(d), F.S.
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    3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions.
    NO.
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    4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions.
    No.
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    5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances?
    No. Florida will enforce noncovered medical expenses of the minor child based on the order terms if the expense has been incurred and paid for by the obligee. See s. 409.25635, F.S.
    6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments?
    The order must be amended to change the payee.
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    6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain.
    No. Support is payable only to the person or entity named in the order. If a different person or entity is owed the money, the order needs to be amended.
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    7. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?
    No.
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    8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit?
    Yes.
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    9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation.
    A circuit judge may order abatement of support. Circumstances vary; it could be based on inability to pay, a case where the obligor has overpaid support or for other equitable reasons. Abatement is not governed by statute.
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    5. Paternity/Parentage

    1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation.
    Yes. By operation of law, if a judgment of paternity contains no explicit award of custody, the establishment of a support obligation (or visitation rights) of one parent shall be considered a judgment granting custody to the other parent without prejudice. If a paternity judgment contains no such provision, custody shall be presumed to be with the mother. (s. 742.031(2), Florida Statutes)
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    2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
    In administrative proceedings a statistical probability of paternity that equals or exceeds 99% creates a rebuttable presumption of paternity. In judicial actions a statistical probability of paternity that equals or exceeds 95% creates a rebuttable presumption of paternity.
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    3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate).
    Section 742.10(4), Florida Statutes
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    4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation.
    Yes. Under Florida case law, the husband is presumed to be the father of a child born or conceived during a marriage. See s. 382.013(2)(a), Florida Statutes.
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    5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe.
    Yes, if based on an acknowledgement of paternity or a judgment. If a father's name is added to a birth certificate in error or based on fraud a court can order it to be amended. Section 742.10(4), Florida Statutes
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    6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe.
    No.
    7. What, if any, is the agency name and link for your state's putative fathers' registry?
    The Florida Putative Father Registry.
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    8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies?
    A birth certificate. No.
    For Additional Information - No Link Provided
    9. Does your state’s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data?
    Yes.
    For Additional Information - No Link Provided
    9.1. Describe any circumstances under which these fees may be waived?
    Certified copies of birth certificates may be obtained from the Office of Vital Statistics (OVS) for a fee anywhere from $9.00 to $14.00. Specific fees are listed in the schedule provided in Step 4 of the link below. The Department of Revenue, Child Support Program provides assistance to obtain certified birth certificates from the Office of Vital Statistics through the Transmittal 3 process at no cost to the other state.
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    10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect.
    No. Common-law marriages were abolished by statute as of January 1, 1968. However, the statute affects only those relationships entered into after January 1, 1968 and does not render void common-law marriages in existence on that date.
    11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard.
    N/A
    12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child?
    One set of documents with a paternity affidavit for both children.

    6. Support Order Establishment

    1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
    Both administrative and judicial.
    1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures.
    If paternity has been established or is presumed by law and there is no support order the administrative process is available. See sections 409.2563 and 120.80(14)(c), Florida Statutes.
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    1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures.
    The judicial process is used for foster care cases, change of payee cases, Medicaid-only cases where the custodial parent or caregiver does not want the IV-D agency to address child support issues, judicial cases that have been previously dismissed, legal-bio dad cases, and if the noncustodial parent makes a timely request for a judicial determination of support. Section 409.2564, Florida Statutes.
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    2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)?
    The other parent's income is also considered.
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    2.1. What documentation is required as proof/evidence of this information?
    Income can be proved by testimonial or documentary evidence. The better the documentation (current pay stub, payroll records, state wage records), the easier it is to prove.
    3. What criteria for rebutting your presumptive guidelines have been established in your state?
    The trier of fact must make written findings explaining why ordering the guideline amount would be unjust or inappropriate.
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    4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive).
    Yes. In an initial determination of child support, retroactive support can be established back to the date the parents did not reside together in the same household with the child, not to exceed 24 months preceding the filing of the petition. In administrative proceedings, the 24-month retroactive support period relates back from the date of service.
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    4.1. What information or documentation does your state require to proceed with establishing support for prior periods?
    Evidence of income and the other elements of support included in calculating the guideline amount will be considered if available. If not available, the guideline amount for current support is applied for the retroactive period.
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    4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support?
    Yes.
    4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
    See response to question 4. A petition for support is allowed, but not for public assistance arrears-only cases.
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    5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended?
    No.
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    5.1. What about when public assistance is not being expended?
    No.
    6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification?
    Modification.
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    7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.
    No.
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    7. Income Withholding

    1. What are specific sources of income not subject to withholding?
    US veteran's disability benefits, except as remuneration for employment defined in 42 USC, Section 659(a) and (h), public assistance benefits, and unemployment compensation benefits. The Title IV-D program can intercept unemployment compensation benefits pursuant to s. 443.051(3), Florida Statutes.
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    2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation.
    The CCPA limits apply as provided by s. 61.1301(1)(b)4., F.S.
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    2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA?
    No.
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    2.2. What are the withholding limits for non-employees?
    The CCPA limits apply to earnings. If the form of income does not constitute earnings, the CCPA does not apply. Whether the worker is classified as employee or not is not applicable.
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    3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii).
    Administrative costs of $5.00 for the initial payment, and $2.00 for each subsequent payment, may be collected from the income of the parent who owes support. See Section 61.1301 (2)(d)6., Florida Statutes.
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    4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain.
    No.
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    5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order?
    After notice is received.
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    5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding?
    No later than the first payment date which occurs more than 14 days after the date the income withholding notice was served on the payor.
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    6. When must an employer remit amounts withheld from an employee's pay?
    Within 2 days after each date the parent who owes support is entitled to payment from the payor.
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    7. What are your state's sanctions for employers for not implementing income withholding?
    Cases are reviewed by local offices and given to IV-D attorneys for judicial enforcement when appropriate.
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    7.1. What are the penalties to an employer for failure to remit payments withheld?
    An employer or other payor of income may be held liable for the amount that should have been deducted, plus costs, interest, and reasonable attorney fees.
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    8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents.
    No.
    For Additional Information - No Link Provided
    8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents.
    Create a two-state case.
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    9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents.
    There is no prohibition or established process.
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    9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents.
    Create a two-state case.
    10. How does a noncustodial parent contest an income withholding in your state?
    By filing a petition in circuit court or if the income withholding is pursuant to an administrative order by filing a petition with the IV-D agency.
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    11. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)
    When there is more than one income withholding order or notice against the same parent who owes support, the amounts available for income withholding must be allocated among all families who are due support as follows: (a) For computation purposes, all obligations must be converted to a common payroll frequency, and the percentage of withholding must be determined as allowed under s.303(b) of the Consumer Credit Protection Act, 15 U.S.C. s. 1673(b), as amended. The amount of income available for withholding is determined by multiplying that percentage by the parent who owes support's net income. (b) If the total monthly support obligation to all families is less that the amount of income available for withholding, the full amount of each obligation must be withheld. (c) If the total monthly support obligation to all families is greater than the amount of income available for withholding, the amount of the withholding must be prorated, giving priority to current support, so that each family is allocated a percentage of the amount withheld. The percentage to be allocated to each family is determined by dividing each current support obligation by the total of all current support obligations. If the total of all current support obligations is less than the income available for withholding, and past-due support is owed to more than one family, then the remainder of the available income must be prorated so that each family is allocated a percentage of the remaining income available for withholding. The percentage to be allocated to each family is determined by dividing each past due support obligation by the total of all past-due support obligations.
    12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums?
    Allowable deductions from gross income include: (a) Federal, state, and local income tax deductions, adjusted for actual filing status and allowable dependents and income tax liabilities. (b) Federal insurance contributions or self-employment tax. (c) Mandatory union dues. (d) Mandatory retirement payments. (e) Health insurance payments, excluding payments for coverage of the minor child. (f) Court-ordered support for other children which is actually paid. (g) Spousal support paid pursuant to a court order from a previous marriage or the marriage before the court.
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    13. When does your state require the employer to send notice of an employee's termination?
    When the employer no longer provides income to the parent who owes support. Employers may report terminations on the state's Employer Services website.
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    14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate.
    Section 61.13(1)(b)5., F.S., requires the employer to withhold the maximum allowed by the CCPA in the following order: 1.) Current support, as ordered 2.) Premium payments for health insurance, as ordered 3.) Past due support, as ordered 4.) Other medical support coverage, as ordered If the combined amount to be withheld for support and health insurance exceeds Consumer Credit Protection Act limits, the employer may not withhold the premium payment. However, the employer shall withhold the maximum allowed in the following order: 1.) Current support, as ordered 2.) Past due support, as ordered 3.) Other medical support or coverage, as ordered
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    8. Distribution

    1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain.
    No.
    2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain.
    No.
    3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)?
    PRWORA.
    4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state?
    Florida disburses all current and past-due support owed to the parent who is due support and/or Florida public assistance debt before distributing payments to another state's arrears claim. If claims are made from more than one state, payments are distributed from oldest to newest according to when the claim was received.
    4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states?

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    9. Enforcement

    1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.)
    None
    2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request?
    N/A
    3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus?
    Three past-due notices; driver license suspension if available; overdue support equal to or greater than two times the monthly obligation and equal to or greater than $400.
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    4. To which credit bureaus does your state report a noncustodial parent's child support information?
    TransUnion, Equifax, Innovis, and Experian.
    5. Is the method for credit bureau reporting judicial, administrative, or both?
    Administrative.
    6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?"
    No.
    7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?
    No.
    8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?
    No.
    9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?
    No.
    10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?
    No.
    11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount?
    No.
    12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount?
    Yes. $25.00 or greater.
    13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial?
    No, we expect the state that has initiated to us for enforcement to submit the case for both IRS offset and passport denial.
    14. Are the financial institution attachment procedures in your state judicial, administrative, or both?
    Both.
    15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt?
    Corporate accounts, trust accounts and life insurance proceeds
    For Additional Information - No Link Provided
    16. Is the financial institution attachment process in your state centralized and/or automated?
    Centralized and automated.
    17. What are the criteria to attach an account in a financial institution in your state?
    A levy action is initiated on a case with a delinquency/arrearage greater than two times the monthly obligation and greater than $600.00. Trust accounts, SSI and temporary cash assistance are exempt.
    18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain.
    No.
    For Additional Information - No Link Provided
    19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required.
    N/A.
    20. Does your state's income withholding definition include amounts in financial institutions?
    No.
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    21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both?
    Yes. The state notifies the noncustodial parent.
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    22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency?
    10 days after receipt of notice of levy.
    For Additional Information - No Link Provided
    23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames.
    Yes. See section 409.25656(10) Florida Statutes
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    24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain.
    All of the obligor's financial assets that do not constitute income are generally subject to attachment, not to exceed the amount of past-due support owed. Jointly owned property belonging exclusively to an unobligated joint owner is not subject to attachment. Claims concerning jointly owned property are determined based on the specific facts of the case.
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    25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment?
    Defenses to levy actions include satisfaction, no obligation, no jurisdiction, improper notice,
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    26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow.
    Yes. The procedure is specified in section 409.25656(3) Florida Statutes
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    27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support?
    Delinquency must be at least 15 days.
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    28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions?
    Pay the delinquency or enter into a written agreement with the IV-D agency. See 61.13016, Florida Statutes; persons who demonstrate receipt of unemployment benefits, SSI or temporary cash assistance are exempt from driver's license suspension. Also, persons who demonstrate disability and inability to self-support and persons making payments through a confirmed bankruptcy plan are exempt.
    29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria?
    Yes. Parent must agree to the scheduled payments and stay current in their child support payments.
    30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types.
    Noncompliance with a support order for 30 days or longer. License is defined broadly.
    31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions?
    Pay what's owed or pay arrears in accordance with an approved payment agreement.
    32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria?
    No.
    33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types.
    Noncompliance with a support order for 30 days or longer. Includes hunting, fishing and other recreational licenses.
    34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions?
    Pay what's owed or pay arrears in accordance with an approved payment agreement.
    35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria?
    No.
    For Additional Information - No Link Provided
    36. What are the criteria for initiating/filing a lien in your state?
    Real Property - any delinquency in the past 60 days; Personal Property - more than $600 in delinquency.
    For Additional Information - No Link Provided
    37. Is the lien process in your state primarily judicial, administrative, or both? Please describe.
    Both; the circuit court can order a lien; the IV-D agency can place liens on motor vehicles and vessels; clerks of court record judgment liens on real property.
    38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe.
    NO.
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    39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination.
    Florida does not have a state income tax.
    40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included?
    There is an administrative process for withholding lottery winnings.
    40.1. If yes, is this enforcement judicial, administrative, or both?
    Administrative.
    41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG?
    There is an administrative process for withholding unemployment benefits, unclaimed property and state retirement benefits.
    42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG?
    Motion to enforce; contempt of court; writ of bodily attachment

    10. Modification And Review/Adjustment

    1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.)
    Non-public assistance cases reviewed upon request of either parent; TANF cases are reviewed automatically every three years.
    For Additional Information - No Link Provided
    2. What is your state's modification procedure? Briefly describe.
    Upon request of either parent, the department will review support award amounts and/or medical support provisions of the order. For reviews conducted less than three years from the most recent order or less than three years from the last review, a substantial change in circumstances must be shown to warrant modification. Change of circumstances in these cases can be established if a review indicates that the support order is inconsistent with current guidelines in an amount more than 15% or $50.00 of the original support award, whichever is greater. For reviews conducted at least three years after the most recent order or most recent review, if the review indicates that the support order is inconsistent with current guidelines in an amount more than 10% or $25.00 of the original support award, whichever is greater, the order will be modified. Under Florida case law, the Department cannot proceed with a downward modification at the request of the obligor, unless a parent / caregiver or the child is receiving public assistance, or the case is already an IV-D case prior to the modification request.
    For Additional Information - No Link Provided
    3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)?
    See question 2 in this section.
    For Additional Information - No Link Provided
    4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?

    For Additional Information - No Link Provided
    4.1. The earnings of the noncustodial parent have substantially increased or decreased.
    Yes
    4.2. The earnings of the custodial parent have substantially increased or decreased.
    Yes
    4.3. The needs of a party or the child(ren) have substantially increased or decreased.
    Yes.
    For Additional Information - No Link Provided
    4.4. The cost of living has changed.
    NO.
    4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
    Yes.
    4.6. There has been a substantial change in childcare expenses.
    Yes.
    4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
    The change must be permanent and for purposes of a downward modification a change in income must be involuntary.
    For Additional Information - No Link Provided
    5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).)
    No.
    6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).)
    No.
    For Additional Information - No Link Provided

    11. Lump Sum Payments

    1. What is your state's definition of a lump sum, if it has one? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer- related lump sums.)
    Under Florida law, a bonus or similar one-time payment is subject to income withholding. A bonus is a payment in addition to regular compensation, or a payment in addition to an amount contracted for or otherwise legally due, and does not include commissions that are part of regular compensation. 61.1301(1)(b)5, Florida Statutes
    For Additional Information - exit disclaimer
    2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule.
    No.
    For Additional Information - No Link Provided
    3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?
    The income withholding order.

    12. Cost Recovery And Fees

    1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe.
    Yes, standardized costs.
    1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.)
    A non-prevailing obligor may be assessed costs by the court.
    2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe.
    Yes, if the amount and due date is specified in the support order. A notice is sent to the parent when the cost payment becomes 30 days overdue. If a payment is not received in 30 days, another notice is sent to the parent. Costs may also be collected through insurance settlements, lottery winnings and income withholding.
    3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below.
    The state pays the fee.
    3.1. Is it retained by the state from support collected?
    No.
    3.2. Is it paid by the individual applying for child support services?
    No.
    3.3. Is it recovered from the noncustodial parent?
    No.
    3.4. Is it paid by the state out of its state funds?
    Yes.

    13. Insurance Match

    1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)
    No.
    For Additional Information - No Link Provided
    2. What criteria must a noncustodial parent meet to be eligible for your state’s participation in the federal insurance match program?
    The parent must owe a past due balance greater than $500.00 and twice the monthly support obligation.
    3. What process does your state use to intercept insurance payments?
    Income deduction notice
    For Additional Information - No Link Provided
    4. How does another state initiate and intercept collections from your state’s workers’ compensation agency?
    States should sign up to receive insurance match information via OCSE Insurance Match Program.
    For Additional Information - No Link Provided
    5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)?
    Florida participates in the OCSE Insurance Match.

    14. Family Violence

    15. CSENet

    1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).)
    Yes.
    2. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).)
    Yes.
    3. When your state is the initiating state, does it send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? (MSC P GSC17; 45 CFR 303.7(c)(12).)
    Yes.
    4. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that, per its request, the case is closed, and your state has stopped its income withholding order? (MSC P GSC18; 45 CFR 303.7(d)(9).)
    Yes.
    5. Does your state send CSENet transactions to request interest information? (MSC R GRINT)
    Yes, we send them manually from a Transmittal 2.
    6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
    Yes, we send them manually from a Transmittal 2.

    16. Copies Of Orders And Payment Records

    1. What are the procedures and associated costs for obtaining a certified copy of a court order?
    Use Transmittal #3. There are costs, but not if requested by the Florida IV-D agency.
    For Additional Information - No Link Provided
    2. What are the procedures and associated costs for obtaining a certified payment record?
    Use Transmittal #3. There are costs, but not if requested by the Florida IV-D agency.
    For Additional Information - No Link Provided

    17. Uniform Interstate Family Support Act (UIFSA)

    1. What is the statutory citation for your state's enactment of UIFSA?
    Chapter 88, Florida Statutes
    For Additional Information - exit disclaimer
    2. How does your state define the tribunal (See UIFSA 103)?
    "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child.
    For Additional Information - No Link Provided
    3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically?
    1 original and 1 copy of all documents.
    4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)?
    No.

    18. International - Reciprocity

    1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.)
    Bermuda, Quebec (Canada), Fiji, Jamaica, and South Africa.
    2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.)
    No.
    3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)?
    Yes, B.

    19. International Information For Hague Convention Countries

    1. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706(b) (1).)
    Yes.
    For Additional Information - No Link Provided
    2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically.
    No.
    3. What methods of personal service does your state use?
    Sheriffs and private process servers.
    4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.)
    Childcare expenses, cash medical support and extraordinary expenses such as significant recurring medical expenses or education that are out of the ordinary. 61.13(1)(b); 61.30(11)(a)(1)
    For Additional Information - exit disclaimer
    5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe.
    Yes. In every action we take there is the opportunity for an informal resolution.
    6. What circumstances will cause your state to end child support before the normal duration?
    The child emancipates; the child is no longer under the care of the custodial parent and there is no decision redirecting payments to someone else; the child marries; the child is adopted by someone other than the noncustodial parent; the child is adjudicated as dependent (child welfare); the child joins the military.
    For Additional Information - No Link Provided

    20. International Payments

    1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case?
    Payment may be by check.
    2. What actions does your state take to reduce the costs and fees associated with international payment processing?
    All payments are processed through a designated authority. All payments are processed upon receipt.
    3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions.
    Yes. We process electronic payment on international cases by wire transfer using a SWIFT account.

    21. Tribal Non IV-D

    1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program?
    No.
    1.1. If yes, list the tribes and identify services provided, if less than full services.
    N/A.
    For Additional Information - No Link Provided
    2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs?
    N/A.

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