Hernandez v. Dept. of Revenue
230 So. 3d 514
| Fla. Dist. Ct. App. | 2017Background
- The Department of Revenue initiated an administrative support proceeding to establish child support for two children and served father with a Notice and Parent Information Form.
- Father’s sworn form stated he paid $200 weekly in cash; mother’s sworn form denied cash payments and attached a $150 money order receipt.
- Department’s Proposed Administrative Support Order set current support and retroactive arrears, crediting $150 for documented payments.
- Father requested a hearing and testified he made eight months of cash payments ($400–$500/month) plus $1,384 in money orders; he offered receipts for money orders. Mother testified father paid only one $150 money order and provided gifts/phone.
- The ALJ credited the father’s testimony and receipts, awarded $5,759 in credits, reduced retroactive arrears accordingly, and set monthly support; mother appealed the credit amount.
Issues
| Issue | Plaintiff's Argument (Hernandez) | Defendant's Argument (Guerra) | Held |
|---|---|---|---|
| Whether ALJ properly credited father for cash and money-order payments during retroactive period | Mother argued father only paid a $150 money order and gifts/phone; no cash was paid | Father testified to substantial cash payments plus money orders and submitted receipts for money orders | ALJ’s credibility determination favoring father was supported by competent, substantial evidence; credit affirmed |
| Whether ALJ was limited to amounts in Department’s Proposed Order | Mother implicitly argued credit should align with Proposed Order’s $150 documented credit | Father relied on hearing evidence to show additional payments beyond Proposed Order | Court held ALJ must consider all admissible evidence at hearing and is not limited to Proposed Order figures |
| Standard of review for ALJ’s factual findings | Mother urged reversal of credited payments | Father asserted ALJ’s findings entitled to deference | Appellate court will not reweigh evidence; factual findings upheld if supported by competent, substantial evidence |
Key Cases Cited
- Macias v. Dep’t of Revenue ex rel. Garcia, 16 So. 3d 985 (Fla. 3d DCA) (ALJ decisions presumed correct on appeal)
- Dep’t of Revenue v. Reyes, 181 So. 3d 1270 (Fla. 1st DCA) (ALJ must consider all available and admissible information)
- Dep’t of Revenue v. Resendiz, 182 So. 3d 811 (Fla. 1st DCA) (vacating order where ALJ limited determination to Proposed Order)
- U.S. Blood Bank, Inc. v. Agency for Workforce Innovation, 85 So. 3d 1139 (Fla. 3d DCA) (trier of fact free to accept or reject testimony and resolve conflicts)
- Prysi v. Dep’t of Health, 823 So. 2d 823 (Fla. 1st DCA) (factual inferences drawn by trier of fact)