Child Support Enforcement

What Is an Administrative Support Order?

The Path to an Administrative Support Order
The administrative support procedure uses the same child support guidelines established by law and used by courts to set the amount of support paid by a noncustodial parent. Each parent has 20 days to review the notice and is required to return their completed Financial Affidavit and Parent Information forms to DOR. DOR calculates the amount of monthly support a noncustodial parent must pay based on Florida’s child support guidelines and the financial information of both parents.

An administrative support order is a legally enforceable child support order issued by the Florida Department of Revenue.

Agencies Involved in the Administrative Support Procedure
The Florida Department of Revenue (DOR) is the designated Florida agency responsible for the child support enforcement program. The establishment of child support administratively is one process used by DOR when there are no disputed facts and paternity is not an issue. If the noncustodial parent believes there are disputed facts, he/she may request a formal hearing, and the case will be assigned to the Division of Administrative Hearings (DOAH).

When can it be used?
The administrative support procedure may be used when: • Paternity has been established. • There is no existing child support order.

Proposed Administrative Support Order
DOR sends both parents a proposed order that details the monthly support amount and health care coverage needs for the child. Each parent receives completed copies of the child support guideline worksheet and financial affidavits (if received), which are used to establish the support amount. Noncustodial parents are encouraged to call or visit the DOR office with any questions. The noncustodial parent may: 1. Request an informal discussion about the proposed support order with DOR. 2. Agree to the proposed order. 3. Request an administrative hearing by sending a written request to DOR within 20 days of the mailing of the proposed order. A final support order can be issued even if no response to the proposed order is received.

How does the administrative support procedure start?
DOR notifies both parents when the procedure begins and the noncustodial parent must be served. Both parents are given: • A Notice of Proceeding to Establish an Administrative Support Order. • A blank copy of the Financial Affidavit form. • A blank copy of the Parent Information form. • Other helpful information about the procedure.

What are the benefits of the administrative procedure?
Using the administrative support procedure may reduce the time it takes to obtain a support order. The custodial parent may receive support payments more quickly than if the case went through the usual court process. The administrative procedure eliminates court appearances that are a normal part of the judicial hearing procedure. By avoiding the lost work time and income that is often caused by having to attend the required court hearings, the burden on both parents may be reduced.

Final Administrative Support Order
A final administrative support order can be issued when one of the following occurs: 1. The noncustodial parent agrees in writing to the administrative support order. 2. The noncustodial parent does not file a request for an administrative hearing within 20 days. 3. An administrative hearing is held and the Division of Administrative Hearings issues an administrative support order. DOR sends a copy of the final administrative support order to both parents by regular mail and sends a certified copy to be filed with the Clerk of Court. An income deduction order is issued with the final order and income withholding is started. Once a final order is issued, the noncustodial parent may file an appeal from the final support order in an appropriate District Court of Appeal.

Enforcement of an Administrative Support Order
The administrative support order has the same full force and effect as a judicial order and can be enforced in the same ways including: • income deduction • credit reporting • driver license suspension.

Child Support Enforcement

Authority
Section 409.2563, Florida Statutes, authorizes the Department of Revenue to establish administrative support orders.

For Information
For more information on the Administrative Support Order procedure, contact the Florida Department of Revenue, Child Support Enforcement, Customer Service Unit at

The Path to an Administrative Support Order

How long does an administrative support order stay in effect?
A Final Administrative Support Order remains in effect until: • It is modified or changed by DOR. • It is vacated or reversed on appeal. • It is superseded or replaced by a later judicial support order. A case must meet the same legal requirements and statutory criteria as when a judicial support order is modified. Even if DOR closes a case, the order remains in effect and can be enforced. To modify an administrative support order, DOR must follow the same procedures used in establishing the order.

1-800-622-KIDS
(1-800-622-5437)
For general information on the Child Support Enforcement Program, visit our web site at: www.myflorida.com/dor/childsupport

The information in this brochure is based on Florida and federal laws. For specific legal advice, you should consult an attorney.

What parents and caregivers need to know.
CS-120 R. 08/05

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