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Florida State Law

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
36
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
Yes
A2.1. If yes, what is the statutory citation?
Section 409.2564(5), Florida Statutes. See link below.
For Additional Information - exit disclaimer
A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
Yes
A2.3. If yes, please explain.
Court rules, judicial opinions, and bar opinions state that the IV-D attorney represents only the IV-D agency and not the individual who receives IV-D services.

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?
Chapter 88, Florida Statutes. See link below.
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B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
1 original and 1 copy of all documents.

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)
Bermuda, Quebec (Canada), Fiji, Jamaica, and South Africa.
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?
No
C1.2. If yes, please explain.
N/A
C2. Has your state established reciprocity with any Native American tribal courts?
No
C2.1. If yes, list the tribes and identify services provided, if less than full services.
N/A
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **
Yes
C4. 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).) **

D. Age of Majority

D1. What is the age of majority in your state?
18
D2. What is the statutory citation for the age of majority?
Section 61.14(9) and 743.07, Florida Statutes. See link to s. 61.14(9) below.
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D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
18
D4. Does the date of the order determine the law that is applied?
Yes
D4.1. If yes, please explain.
This statute operates prospectively and does not affect the rights and obligations existing prior to July 1, 1973. (s. 743.07(3), Florida Statutes).
D5. Does child support end if the child leaves the household, but does not emancipate?
No
D5.1. Optional comments regarding emancipation.
Child support terminates at age 18 unless otherwise ordered.
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?
Yes
D6.1. If yes, please explain.
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.
D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or otherwise emancipates?
Yes
D7.1. If yes, please describe the procedure.
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.
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
Yes. In cases where the request is for collection of arrears only, all children are over the age of 23 or all arrears to be collected are assigned to the requesting state, additional information will be requested regarding past actions to collect on the case to determine if there are any legal barriers to our program taking enforcement action.
D8.1 If not, how does this affect interstate referrals?
N/A

E. Statute of Limitations

E1. What is your State's statute of limitations for collection of past-due support?
None, but the equitable defense of laches is available.
For Additional Information - No Link Provided
E2. What is your State's statute of limitations for paternity establishment?
Four (4) years after the child's 18th birthday. Section 95.11(3)(b) Florida Statutes.
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E3. Is dormancy revival/renewal possible?
No
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
N/A
For Additional Information - No Link Provided

F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?
Income shares
For Additional Information - No Link Provided
F2. Does your state charge interest on arrears?
Yes
F2.1. If yes, please indicate the amount of interest charged and any related conditions.
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. The IV-D agency does not assess or collect interest on past-due support unless reduced to judgment in a private action or a judgment for interest is provided by another state.
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F3. Does your state charge interest on retroactive support?
No
F3.1. If yes, please indicate the amount of interest charged and any related conditions.
N/A
F4. Does your state charge interest on adjudicated arrears?
Yes
F4.1. If yes, please indicate the amount of interest charged and any related conditions.
Please refer to question F2.1.
For Additional Information - No Link Provided
F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
No
F5.1. If yes, under what circumstances?
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.
F6. Does your state elect to recover costs or charge fees in your IV-D state plan?
Yes
F6.1. If yes, what costs are recovered from or fees charged to the obligee?
None.
F6.2. If yes, what costs are recovered from or fees charged to the obligor?
A nonprevailing obligor may be assessed costs by the court.
F7. Does your state recover costs on behalf of the initiating state?
Yes
F7.1. Optional comments regarding recovery of initiating state's fees.
None
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
Section 48.193, F.S.; Section 88.2011, Florida Statutes (UIFSA). See link for s. 48.193 below.
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F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes
F9.1. If yes, under what circumstances?
Florida will enforce spousal support order only in conjunction with a child support obligation, and if the child named in the child support order is a minor and is residing with the individual for whom spousal support is ordered.
F10. Does your state require the initiating state to include information about the new spouse or partner upon a request for establishment or modification? (See General Testimony, AT-11-07)
Generally not.
F10.1. Optional comments regarding required information on spouse or partner.
This information may be required by s. 61.30(12), Florida Statutes, if a parent with a support obligation has other children living with him or her who were born after the support obligation arose. For additional information: http://goo.gl/DQjUj
F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?
The state pays the fee.
F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
No
F11.2 Does your state collect the fee from the person applying for IV-D services?
No
F11.3. Does your state collect the fee from the absent parent?
No
F11.4. Does your state pay the fee out of its own funds?
Yes
F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
June 1, 2009
F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?
No
F14. Does your state participate in the pass-through in former assistance cases?
No
F14.1. If yes, provide the date.
F15. Will your state discontinue eligible assignments under the DRA of 2005?
Yes
F15.1. If yes, list the eligible assignments your state would discontinue.
Post 10/01/1997 Pre-Assistance Arrears/Temporary Arrears/Conditional Arrears
F15.2. When will your state discontinue each type of assignment?
June 1, 2009
F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
PRWORA
F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?
Provide notice to the parties and an opportunity for hearing before a new order is entered.
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F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?
Refer to question F17.
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F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?
Refer to question F17.
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F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
The State of Florida pays the fee and does not collect it from either party.
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
Yes
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
Genetic testing, court filing fees.
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
Yes, we send them manually from a Transmittal 2.
F20. 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.

G. Income Withholding

G1. What specific source of income is not subject to withholding?
US veterans 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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G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No
G2.1. If yes, what are those limits?
N/A
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
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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G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income 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.
G5. What is the date by which an employer must 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.
G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
Cases are reviewed by local offices and given to IV-D attorneys for judicial enforcement when appropriate.
G7. What is the penalty 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.
For Additional Information - No Link Provided
G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No
G8.1. Explain your process for receiving direct withholding orders across state lines.
N/A
For Additional Information - No Link Provided
G8.2. What documents are required to intercept UI benefits?
The initiating state must initiate a two-state action for enforcement.
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
Yes
G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
Only if the insurance company is subject to long-arm jurisdiction by the initiating state.
G10. How does an obligor contest income withholding in your state?
By filing a petition in circuit court or if the income withholding is pursuant to an administrative order, or by filing a petition with the IV-D agency.
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders.
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. For Additional Information: http://goo.gl/6ctzk
G11.1. If an employer in your state receives more than one income withholding order for child support from other states, can the employer request your assistance?
Yes
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.
Allocation of support is addressed in s. 61.1301(4), Florida Statutes (1998 Supp.).
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G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?
Yes
G13. 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 our Employer Services website below.
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G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?
N/A
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
No
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
Yes, parent who owe support may pay electronically via a secure website (www.expertpay.com or www.myfloridacounty.com). For Additional Information: http://www.expertpay.com/index.html
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G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
Yes, employers.
For Additional Information - No Link Provided
G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your state's prioritization between child support and medical support.
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
For Additional Information - No Link Provided
G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
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.
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
409.2558(1), Florida Statutes
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G21. Does your state's law require a signature on the income withholding order?
Yes

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
Yes
H1.1. If yes, please explain.
By operation of state 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) For Additional Information: http://goo.gl/IBFUL
H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
In administrative actions a percentage of 99% creates a rebuttable presumption of paternity. In judicial actions a percentage of 95% creates a rebuttable presumption of paternity.
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H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
N/A
For Additional Information - No Link Provided
H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
07/01/1997
H4.1. Were acknowledgments prior to that effective date rebuttable?
Yes
H4.2. Optional comments regarding paternity acknowledgments prior to that date.
None
For Additional Information - No Link Provided
H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. If yes, how is the presumption rebutted?
Burden of proof is on the person challenging the presumption.
For Additional Information - No Link Provided
H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?
Yes
H6.1. If no, briefly explain.

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H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
7/1/1997
H8. Does your state have any other paternity-related presumptions?
No
H8.1. If yes, briefly explain.
N/A
H9. Does your state have a putative fathers' registry?
Yes
H9.1. If yes, what is the name of that entity?
The Florida Putative Father Registry
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H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
Yes
H10.1. If yes, please describe any circumstances under which these fees may be waived.
Yes. 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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H11. Is common-law marriage recognized in your state?
No
H11.1. If yes, briefly describe the standard that defines common-law marriage.
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.
H11.2. When did your current common-law standard go into effect?
H11.3. If there was a common-law standard in effect prior to your current standard, what was that standard and when did it go into effect?
N/A
For Additional Information - No Link Provided
H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
Telephone testimony is permissible only upon order of the court if neither party objects.
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
88.2011, Florida Statutes
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H14. Does your state recover genetic testing costs for another state?
Yes
H14.1. If yes, please explain.
In responding cases we order costs.
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
An acknowledgement of paternity or a court order or administrative order establishing paternity.
H16. If there is more than one child with the same custodial party and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?
One set of documents with a paternity affidavit for both children.

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Both
I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
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).
I1.2. Under what circumstances would a judicial process would be used?
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). Additionally, if the cases do not meet the criteria for the administrative establishment of support as listed in question I1.1, or if the noncustodial parent makes a timely request for a judicial determination of support.
I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
Sections 409.2563 and 120.80(14)(c), Florida Statutes. For Additional Information: http://goo.gl/wRO72
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I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?
The other parent's income is also considered.
For Additional Information - No Link Provided
I3. 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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I4. Will your state establish support orders for prior periods?
Yes
I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
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, even if date of separation precedes the petition.
I4.2. What information or documentation does your State require to proceed?
Evidence relevant to proving the criteria listed in I4.1
For Additional Information - No Link Provided
I4.3. Will your state allow a petition for support when the only issue is retroactive support?
Yes
I4.4. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
See I4.1. We will allow a petition for support, but not for public assistance arrears only cases.
I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?
Paternity, establishment, modification and some enforcement actions.
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I6. What is your state's statutory authority for the administrative process?
409.2563 and 409.256, Florida Statutes. For Additional Information: http://goo.gl/wRO72 For Additional Information: http://goo.gl/GGQCU For Additional Information: http://goo.gl/Bix8O
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I7. Is there a local state law that allows an interstate administrative subpoena?
Yes. 409.2564(7)
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I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
No
For Additional Information - No Link Provided
I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?
No
I10. 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
I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?
Modification
I12. 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 custodian obtain legal custody before a support order is modified or established?
No
I13. 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 custodian obtain legal custody before support can be redirected to the new payee?
No
I14. What methods of personal service does your state use? **
Sheriffs and private process servers.
I15. Does your state send and receive pleadings and documents electronically in international cases? **
No
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **
See question I15 above.
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
Child care expenses, cash medical support and extraordinary expenses such as significant recurring medical expenses or education that are out of the ordinary.
I17. Please provide the relevant statutory or case law citation. **
61.13(1)(b); 61.30(11)(a)(1)
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I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **
Yes
I18.1 If yes, indicate the appropriate responses. **
In every action we take there is the opportunity for an informal resolution.

J. Support Enforcement

J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).
J1.1. Are your state income tax refund procedures judicial, administrative, or both?
Florida does not have a state income tax.
J2. Is the lien process in your state judicial, administrative, or both?
Both
J2.1. What are the trigger criteria for filing a lien?
Real Property - any delinquency in the past 60 days; Personal Property - more than $600 in delinquency
For Additional Information - No Link Provided
J2.2. Where are your state liens filed?
Real Property - Clerks of Court; Personal Property - Department of Highway and Safety Motor Vehicles
J2.3. Does your state charge a fee for filing a lien?
Yes
J2.4. If yes, please indicate the amount.
$20.00
J.3. Does your state enforce property seizure and sale?
No
J3.1. Are the property seizure and sale procedures judicial, administrative, or both?
N/A
J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?
Administrative
J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support?
After the action is initiated.
J4.2. Does your state's income withholding definition include amounts in financial institutions?
No
For Additional Information - No Link Provided
J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
Yes
J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
State
J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
The various timeframes are delineated in 409.25656, Florida Statutes.
J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action 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.
J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
$600.00
For Additional Information - No Link Provided
J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
Yes
J5.3.1. If yes, please provide the time frame.
60 days. If levy is contested, the freeze period is extended indefinitely until the contest is resolved by a final order, and during the 30 day appeal period that follows.
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?
No
J5.4.1. If yes, provide the percentage.
See 5.4 above.
J5.4.2. Is the percentage different for joint accounts?
No
J5.4.3. If yes, describe.
We release any funds proven to be the property of a joint account holder.
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount.
No
J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?
N/A
J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?
21 days
For Additional Information - No Link Provided
J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action?
30 days to appeal final order.
J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
If they do not owe the money; no jurisdiction.
For Additional Information - No Link Provided
J5.10. Is your state's complaint review process judicial, administrative, or both?
Both.
J5.11. What are your state's penalties for incorrect seizures?
None, unless court ordered.
J5.12. Is the second challenge administrative, judicial, or both?
All appeals are judicial.
J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
Within 21 days from receipt of notice. The parent who owes support may request judicial or administrative hearing. The unobligated joint owner has same rights as the parent who owes support.
J5.14. Is the freeze and seize operation in your state centralized or automated?
Centralized
J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?
IV-D agency cannot seize prior to 31st day after obligor notified unless obligor consents in writing. Deposits into an account during the freeze period are frozen. Funds proven to belong exclusively to an obligated joint owner are exempt from levy.
J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
Yes
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.
Section 409.25656(3) Florida Statutes.
For Additional Information - exit disclaimer
J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?
Yes. See section 409.25656(10) Florida Statutes.
For Additional Information - exit disclaimer
J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
10 days after receipt of notice of levy.
For Additional Information - No Link Provided
J6. Does your state withhold state funds or benefits?
Yes
J6.1. If yes, is the method of withholding state benefits judicial, administrative or both?
Administrative. There is an administrative process for withholding unemployment benefits, lottery winnings, unclaimed property and state retirement benefits.
J7. Describe any other administrative enforcement procedures your state may have.
Clerks of Court record judgments, which create a lien on all nonexempt real property in the county. There is an administrative process for suspension of driver's, occupational and recreational licenses. Hearings to contest driver's license suspension are heard in circuit court.
J8. Describe any other judicial enforcement procedures your state may have.
Motion to enforce; Contempt of court; writ of bodily attachment; or, criminal non-support.
J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?
N/A
For Additional Information - No Link Provided
J10. Which of your state's enforcement remedies are available without judicial actions?
Income withholding, driver license suspension, liens, lottery and unemployment compensation intercepts.
J11. Describe your state's procedures for registering and enforcing another state's order.
A support order or income-withholding order of another state may be registered in Florida by sending the following documents and information to the appropriate tribunal in this state: the transmittal #1, two copies, including one certified copy, of all orders to be registered, including any modification of an order; a registration statement; a certified statement of arrearage by the petitioner or custodian of records. The order is registered by filing with the Clerk of Court. Administrative enforcement activities are initiated immediately. If unsuccessful, judicial enforcement proceedings are started.
J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
None. If administrative enforcement is unsuccessful, judicial enforcement may be used.
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
Yes
J13.1. If yes, provide the statutory citation.
Section 55.501, Florida Statutes
For Additional Information - exit disclaimer
J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
We must have previously issued three standard past-due notices and attempted to suspend the driver license of the parent who owes support if the person has one available. The overdue support must be equal to or greater than two times the monthly obligation and equal to or greater than $400.
J15. To which credit bureaus does your state report an obligor's child support information?
TransUnion, Equifax, Innovus and Experian.
J16. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.
J19. What documentation does your state require to proceed with an AEI request?
J20. What mandatory data elements does your state need to process AEI requests?

For Additional Information - http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-06.htm
J21. Which additional data elements would aid your state in processing AEI requests?
None
J22. How many copies/sets of documents does your state require with an AEI request?
N/A
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?
N/A
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
No
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.
N/A
J25. What is the procedure for obtaining a certified copy of a court order?
Use Transmittal #3
J26. What is the procedure for obtaining a certified payment record?
Use Transmittal #3
J27. Is there a cost for requesting a certified copy of a court order or payment record?
Yes, but not if requested by the Florida IV-D agency.
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?
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.
J29. What triggers a driver's license revocation?
Nonpayment of delinquent child support. Delinquency must be at least 15 days.
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
No
J29.2 If yes, what is the amount?
N/A
J30. Under what conditions may a noncustodial party restore the driver's license?
Pay the delinquency or enter into a written agreement with the IV-D agency. See also, answer to question J28.
J30.1 What is the process for restoring a driver's license?
Contact the IV-D agency or file a petition in circuit court.
J31. Does your state allow temporary or conditional driver's licenses?
Yes
J31.1 If yes, what are the conditions?
Parent must agree to the scheduled payments and stay current in their child support payments.
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
None
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
No
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
N/A
J33.2 What is the dollar amount?
N/A
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
No
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
N/A
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
No
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
N/A
J36.2 What is the dollar amount?
N/A
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
No
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
N/A
J38.2 What is the dollar amount?
N/A
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File 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.
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?
Only upon order of the circuit court.

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
Non-public assistance cases reviewed upon request of either parent; TANF cases are reviewed automatically every three years.
For Additional Information - No Link Provided
K2. Briefly describe your state's modification procedure.
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 doward 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.
K3. What are your criteria for modification (for example, $50 or 20% from present order)?
Please see question K2.
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
K4.1. The earnings of the obligor have substantially increased or decreased.
Yes
K4.2. The earnings of the obligee have substantially increased or decreased.
Yes
K4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes
K4.6. There has been a substantial change in childcare expenses.
Yes
K4.7. 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.
K5. Does your state have cost of living adjustments (COLAs) for orders?
No
K5.1. If yes, what index does your state use?
N/A
K6. How does your state credit SSA disability to current and past-due support?
When establishing an order, once the IV-D agency calculates guidelines, the amount of the child's benefit is deducted from the parent who owes support's portion of the monthly need. If the benefit amount exceeds the parent who owes support's portion of the monthly need, no current support is ordered. For obligated cases, if the IV-D agency becomes aware that the child is receiving disability benefits as a child of a disabled individual, they will initiate a review and modification of the case. The child's disability benefit will be added to the parent's income for purposes of calculating guidelines. The obligor is entitled to credit for dependent benefits received by the child for months in which current support is due.
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.
No
K7.1. If yes, explain the circumstances?
N/A
K7.2. What is the statutory citation for your abatement law?
N/A
For Additional Information - No Link Provided
K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.
For modification of support, certified payment record, statement of arrears.
For Additional Information - No Link Provided
K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
Send transmittal 3 request to the Florida Central Registry. The request will be forwarded to the Office of Vital Statistics. There is a fee of $19.00 for Certified copies of birth certificates. If the other state requests the birth record through the Child Support Program, there is no fee.
K8. What information does your state require to register an out-of-state order for enforcement/modification?
Certified copy and one copy of the order to be registered; Certified copy of arrears; Registration Statement.
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?
Yes, the Child Support Program does collection of arrears at each emancipation in a step down order.
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?
For orders enforced by the IV-D agency, the Child Support Program does collection of arrears at each emancipation and adds it to the existing arrears payment.
K10. 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 re-directing payments to someone else; the child marries; the child is adopted by someone other than the non-custodial parent; the child has been removed from the family and is a civil ward of the state; the child enters into military service prior to the normal duration.

L. Payments

L1. Does your state define a lump sum payment?
Yes
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
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.
L1.2 Provide the statutory citation.
61.1301(1)(b)5, Florida Statutes
For Additional Information - exit disclaimer
L2. Does your state law require employers to report lump sum payments?
No
L2.1 If yes, give the statutory citation or rule.
N/A
For Additional Information - No Link Provided
L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
No
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
N/A
L4. How are employers instructed to report a pending lump sum?
Employers may report lump sums on the Child Support Program's Employer Services website, by phone or by fax.
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
48 hours
L6. Does your state use the income-withholding order to attach the lump sum payment?
Yes
L7. Does your state use the lien/levy process to attach lump sum payments?
No
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
N/A
L8. What other documents does your state use to attach lump sum payments?
N/A
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?
No
L9.1. If yes, what are those limits?
N/A
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
No, unless specified by income withholding order.
For Additional Information - No Link Provided
L9.3. If yes, what are those limits?
N/A
L9.4. If no, what percentage is the employer required to withhold?
As specified by income withholding order.
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
Yes
L10.1 If yes, would the employer only withhold for that period's obligation?
CCPA limits only apply to earnings.
L11. Does your state have a direct deposit program?
Yes
L11.1 If so, specify the vendor.
Systems & Methods Inc. (SMI)
L12. Does your state have a debit card program?
Yes, parents have the option of choosing to receive payments via the smiONE Visa Prepaid card.
L12.1 If so, specify the vendor.
Systems & Methods Inc. (SMI)
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
No
L13.1 If so, are there fees involved?
N/A
L14. What are the fees associated with using the card?
More information, including the fee schedule for the smiONE Visa Prepaid card can be found at https://www.smionecard.com.
L15. How does your state collect child support payments from an obligor? **
Payments must be made to a central location. Payment may be made by preauthorized withdrawal from a financial institution account. Payments may be made by income withholding. Payments may be made by check or warrant. Payments may be made by credit card. Payments may be made by electronic funds transfer.
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? **
Payment may be by check.
L17. 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.
L18. Does your state process electronic payments in international cases? **
Yes
L18.1 If so, describe the process. **
We process electronic payment on international cases by wire transfer using a SWIFT account.
L19. What is your state's International Bank Account Number (IBAN)? **
The Florida State Disbursement Unit accepts electronic payments from international customers, including other countries via the SWIFT account. To obtain the Florida State Disbursement Unit banking information for this account please call 1-877-769-0251 or (850) 601-3047 if calling from outside the country.

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

For Additional Information - exit disclaimer
M1.1. Additional information on the CCPA.

For Additional Information - exit disclaimer
M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?
No
M2.1. If yes, provide the statutory citation
N/A
For Additional Information - No Link Provided
M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
N/A
For Additional Information - No Link Provided
M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?
N/A
M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?
N/A
M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?
N/A
M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?
Florida currently participates in the OCSE Insurance Match Program and the Child Support Lien Network (CSLN).
M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.
N/A
For Additional Information - No Link Provided
M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
Yes, see Section 409.25659(4), Florida Statutes.
M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
Yes
M3.1. Provide the statutory citation.
Section 61.1301, Florida Statutes - Income Deduction. Section 409.2564(7), Florida Statutes - Administrative Subpoenas.
For Additional Information - exit disclaimer
M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
Income Deduction Notice
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
The IV-D agency
M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
Florida Statute 61.1301
For Additional Information - exit disclaimer
M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
Yes, the State of Obligor's Rights, Remedies and Duties for Immediate Deductions notifies the parent who owes support that the appeal period is 15 days. Florida Statute is 61.1301.
For Additional Information - exit disclaimer
M6. Are there attorney fees associated with the insurance intercept activity?
Yes, in some cases where it may be necessary to obtain a settlement.
M7. How does another state initiate and intercept collections from your state workers' compensation agency?
States should sign up to receive insurance match information via OCSE Insurance Match Program.
M7.1. What is the process, the points of contact, and what forms?
File an interstate petition with the IV-D agency.

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)
Yes
N2. Does your state 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) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?
Yes
N3. Does your state 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)
Yes
N4. Does your state 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)
Yes