74 So. 3d 165
Fla. Dist. Ct. App.2011Background
- DOR seeks review of an administrative support order that deviated from child support guidelines based on a verbal, non-formalized visitation agreement.
- Parents testified they shared overnight stays with their daughter: mother about 60% and father about 40%.
- No written parenting plan approved by a court existed; visitation was self-determined by the parents.
- ALJ deviated from guidelines, concluding the father shared substantial visitation with the child.
- Statutory interpretation held deviations require a written, court-authorized parenting plan; absent such plan, deviation is not authorized; the order is reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether deviation is authorized without a court-approved parenting plan | DOR contends no deviation without a court-approved plan | Daly argues for deviation based on time-sharing and equity | Deviation not authorized without a court-approved plan |
| Whether verbal visitation qualifies as substantial time for deviation purposes | DOR says verbal agreement cannot establish substantial time under statute | Daly asserts substantial time existed via 60/40 arrangement | Verbal visitation cannot establish substantial time without written plan |
| How the 61.30(11)(a) and (b) conflict with 61.30(11)(a)(10) and (11) affects deviation authority | 61.30(11)(a)(10) governs equitable deviation with time-sharing under 20% and needs a plan | Equitable adjustments may exist under 61.30(11)(a)(11) | Specific provisions control; written plan required; equitable deviations without plan are improper |
Key Cases Cited
- Fla. Dep't of Children & Family Servs. v. P.E., 14 So. 3d 228 (Fla. 2009) (legislative intent guided by plain statutory language)
- Holly v. Auld, 450 So. 2d 217 (Fla. 1984) (cannot construe unambiguous statutes to extend terms)
- Palm Beach County Canvassing Bd. v. Harris, 772 So. 2d 1273 (Fla. 2000) (specific statute controls over general statute; newer statute controls older)
- State ex rel. Johnson v. Vizzini, 227 So. 2d 205 (Fla. 1969) (conflict resolution between statutes)