Department of Revenue Ex Rel. Lienhart v. Secor
146 So. 3d 1250
| Fla. Dist. Ct. App. | 2014Background
- Department sought ongoing and retroactive child support from noncustodial mother Secor on behalf of two children; prior administrative support order existed and affected jurisdiction.
- Circuit court denied the Department’s motion, concluding it lacked jurisdiction due to the prior administrative order requiring a supplemental petition.
- Father testified at hearing; mother did not appear; a child support guidelines worksheet was admitted.
- Administrative order for support had suspended obligations in the prior case, with possible reinstatement; arrearages could remain enforceable.
- Department argued circuit court could decide under section 409.2563(10)(c) to supersede the administrative order; court denied relief.
- Court held the circuit court had jurisdiction under § 409.2563 and reversed for proceedings consistent with that provision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court had jurisdiction to hear the Department’s motion under §409.2563(10)(c). | Department argued circuit court could supersede administrative order. | Secor argued lack of jurisdiction due to prior admin order. | Yes; circuit court had jurisdiction to consider under §409.2563(10)(c). |
| Whether the Department’s relief fell within the circuit court’s authority under §409.2563. | Department sought modification under §409.2563 authority. | Secor contended relief barred by prior administrative structure. | Remand for proceedings under §409.2563(10)(c); court may supersede administratively established support. |
Key Cases Cited
- Dep't of Revenue ex rel. Hoover v. Hoover, 40 So. 3d 99 (Fla. 5th DCA 2010) (circuit court may modify prospectively when authorized by §409.2563(10)(c))
- Dep't of Revenue ex rel. Chamberlain v. Manasala, 982 So. 2d 1257 (Fla. 1st DCA 2008) (circuit lacks power to vacate administrative order; may modify prospectively)
- Dep't of Revenue ex rel. Chevor v. Mohomed, 996 So. 2d 900 (Fla. 5th DCA 2008) (circuit lacks authority to retroactively modify administrative order)
- Dep't of Revenue ex rel. Proveaue v. Williams, 74 So. 3d 115 (Fla. 1st DCA 2011) (provisions allow circuit to supersede admin order and address arrearage)
- Dep't of Revenue ex rel. Gauthier v. Hoover, 40 So. 3d 99 (Fla. 5th DCA 2010) (circuit courts may determine child support in circuit under §409.2563)