Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1262
Barcode 591240
CHAMBER ACTION
Senate House
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11 The Committee on Children and Families (Campbell) recommended
12 the following amendment:
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14 Senate Amendment (with title amendment)
15 On page 16, between lines 2 and 3,
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17 insert:
18 Section 11. Effective October 1, 2005, present
19 subsection (7) of section 409.2558, Florida Statutes, is
20 redesignated as subsection (8) and a new subsection (7) is
21 added to that section, to read:
22 409.2558 Support distribution and disbursement.--
23 (7) ORDER REDIRECTING PAYMENTS TO THE PERSON WITH WHOM
24 THE CHILD RESIDES.--If the department determines in a Title
25 IV-D case that a child for whom a support order has been
26 entered by a tribunal resides with a person other than the
27 obligee or obligor, the department may not disburse current
28 support payments for the child to the obligee without a
29 further order from the tribunal that entered the support
30 order. As used in this subsection, the term "tribunal" means a
31 circuit court or the department.
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1262
Barcode 591240
1 (a) A determination by the department must be based on
2 one or more of the following factors:
3 1. Public-assistance records that show a person other
4 than the obligee or obligor is receiving public assistance for
5 the child;
6 2. A statement by the obligee that the child resides
7 with a person other than the obligee or obligor;
8 3. A sworn statement or written declaration signed
9 under penalty of perjury by a person who has personal
10 knowledge that the child resides with a person other than the
11 obligee or obligor;
12 4. Government records that show the obligee is
13 incarcerated;
14 5. Evidence that the obligee has left the community
15 where the child resides; or
16 6. Other credible information that indicates that the
17 child resides with a person other than the obligee or obligor.
18 (b) The department, when it determines that a child
19 resides with a person other than the obligee or obligor, shall
20 notify the obligee, the obligor, and if known, the person with
21 whom the child resides by regular mail. The notice must state:
22 1. The facts upon which the determination is based;
23 2. The name and address of the person with whom the
24 child resides, if known, unless disclosure is prohibited under
25 s. 409.2579(3) or (4) or the child is in foster care;
26 3. That the department will not disburse current
27 support payments for the child without a further order from
28 the tribunal that entered the support order;
29 4. If the support order was entered by a circuit
30 court:
31 a. That the department will file a motion and proposed
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1262
Barcode 591240
1 order with the court requesting the court to order that the
2 obligor's current support payments be disbursed to the person
3 with whom the child resides, to determine arrearages, and to
4 order repayment of any arrearages;
5 b. That the obligee, the obligor, and the person with
6 whom the child resides may file an objection to the proposed
7 order or a motion to compel disbursement; and
8 c. That the obligee, the obligor, and the person with
9 whom the child resides will be mailed a copy of the
10 department's motion and notice of any hearing.
11 5. If the support order was entered by the department:
12 a. That the department will disburse the current
13 support payments to the person with whom the child resides, if
14 known, determine arrearages, and order repayment of
15 arrearages;
16 b. The effective date of the intended action, the
17 amount of arrearages, and the amount ordered for periodic
18 repayment of arrearages;
19 c. That the obligee, the obligor, and the person with
20 whom the child resides may contest the intended action by
21 filing with the department a petition for an administrative
22 hearing within 30 days after the date the notice was mailed.
23 d. That if a timely petition for an administrative
24 hearing is filed, the parties will be given advance notice of
25 the date, time, and place of the hearing; and
26 e. That if the notice of intended action is not timely
27 contested, the department will enter a final order based on
28 information in the notice.
29 (c) The tribunal that entered the support order shall
30 determine whether support payments not disbursed by the
31 department and current support must be paid to the obligee,
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1262
Barcode 591240
1 paid to the person with whom the child resides, or refunded to
2 the obligor. The person with whom the child resides is deemed
3 a party to the proceedings. The tribunal is not required to
4 hold a hearing unless a party files a timely objection to the
5 proposed order or a timely petition for an administrative
6 hearing. Any hearing held by the department shall be conducted
7 by the Division of Administrative Hearings and the
8 administrative law judge shall enter a final order. If a
9 hearing is not required, the tribunal shall enter an order
10 within 30 days after the department's motion is filed or
11 notice of intended action is mailed. If a timely objection or
12 petition for administrative hearing is filed, a hearing shall
13 be conducted and an order entered within 30 days after the
14 objection or petition is filed.
15 (d) If the tribunal finds by a preponderance of the
16 evidence that the child does not reside with the obligee, the
17 tribunal shall enter an order that redirects the obligor's
18 current support payments to the person with whom the child
19 resides, determine arrearages owed to the obligee and the
20 person with whom the child resides, and order repayment of
21 arrearages. The tribunal need not recompute the obligor's
22 support obligation under the child-support guidelines. If the
23 person with whom the child resides is unknown and the obligor
24 owes no arrearages or costs, the tribunal shall enter an order
25 refunding the payments not disbursed by the department to the
26 obligor. If the child resides with the obligor, the person
27 with whom the child resides is unknown, or the child's place
28 of residence is unknown, the tribunal shall consider whether
29 to abate, terminate, or modify the support order.
30 (e) A tribunal that enters an order redirecting or
31 refunding support payments shall file a copy of the order with
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1262
Barcode 591240
1 the depository that serves as official recordkeeper for
2 payments due under the support order. The depository shall
3 maintain separate accounts and separate account numbers for
4 individual payees.
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6 (Redesignate subsequent sections.)
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9 ================ T I T L E A M E N D M E N T ===============
10 And the title is amended as follows:
11 On page 2, line 10, after the semicolon,
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13 insert:
14 amending s. 409.2558, F.S.; providing a
15 procedure for redirecting payments to the
16 person with whom a child resides; providing for
17 notice and hearing;
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