Department of Revenue Child Support Cases
- June 22, 2018
- ontarget
- Family Law
- 0 Comments
Department of Revenue Child Support Cases in Orlando, Florida and the New Law That Was Effective January 1, 2018
Effective January 1, 2018, Florida Statute Section 409.2563 allows parties to enter a parenting plan in Department of Revenue actions to establish or modify child support or to determine paternity, thereby allowing parenting time sharing to be agreed upon in non-judicial actions when the child support is set. However, BOTH PARENTS MUST AGREE to this. If both parties agree to a parenting schedule, it is included in the Administrative Order.
Therefore, if one parent does not agree to the above, the other parent would need to file an action to establish or ratify paternity, and establish a parenting plan and time sharing in a judicial matter in domestic court.
Many time parents have verbal agreement and arrangements over child support and time sharing. The other parent pays the other parent directly. Then either the mother chooses on her own to file a child support action through the Department of Revenue; or the Department of Revenue requires the Mother to file a child support action, if she receives the following for the child(ren): Medicaid, TANF Funds, AFDC, or WIC.
Florida Statute Section 409.25633 provides a Standard Parenting Time Plan. The schedule is as follows:
- Every other weekend-the 2nd & 4th full weekend of the month from 6 pm on Friday – 6 pm on Sunday. Or, it can begin when child(ren) is released from school on Friday until the child(ren) start school Monday morning.
- One evening per week-6 pm to 8 pm.
- Thanksgiving break in even number years.
- Winter break-in odd numbered years.
- Spring break in even number years.
- Summer break-for two weeks in the summer beginning at 6 pm the first Sunday following the last day of school.
For all the details of the parenting plan in a Department of Revenue case, refer to Florida Statute. Section 409.25633. You can google that Florida Statute to learn all the details.
If the parents have a case in domestic court with a parenting plan, the plan may not be included in the Department of Revenue order. However, the Department of Revenue Support Order must consider the time-sharing actually exercised when calculating child support.
If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.
This article is for informational purposes only; and it does not form an attorney client privilege.