Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12E - Child Support Program › Chapter 12E-1 - CHILD SUPPORT PROGRAM › Section 12E-1.041 - Review for Modification of Support Order

Current through Reg. 50, No. 138; July 16, 2024
(1) Initiating a review.
(a) The Department automatically initiates a
				monthly review of support orders to determine if modification is appropriate
				for cases in which the parent due support is receiving cash assistance from the
				Department of Children and Families, the support order has not been reviewed or
				modified for at least three years, and the Department has a mailing address for
				both parents, or caregiver, if applicable.
(b) A parent or caregiver may request the
				Department to review a support order to which they are a party by contacting
				the Department verbally or in writing. If the request is for one of the
				following reasons, the Department takes action to modify the support order, as
				appropriate, without conducting a review for modification:
1. A child of the parties has left or been
				added to the household of the parent due support.
2. There has been a change of custody of a
				child of the parties.
3. Extending
				support beyond the age of 18.
(c) The Department begins a review by mailing
				the applicable forms to both parents when the review is initiated under (1)(a)
				or to the parent who requests a review under (1)(b).
1. If the support order under review is an
				administrative support order issued by the Department, the forms consist of the
				Declaration of Change in Circumstances (CS-POBB), the Financial Affidavit
				(CS-OA11), and the Parent Information Form (CS-OA12). If the case is eligible
				for a parenting time plan under Rule
				12E-1.030, F.A.C., the Title
				IV-D Standard Parenting Time Plan (CS-OA250) is included. Form CS-POBB, (
http://www.flrules.org/Gateway/reference.asp?No=Ref-15882
),
				is hereby incorporated by reference, effective 09/23. Forms CS-OA11 and CS-OA12
				are incorporated in Rule
				12E-1.036, F.A.C.
2. If the support order under review is not
				an administrative support order issued by the Department, the forms consist of
				the Declaration of Change in Circumstances (CS-POBB) and the Family Law
				Financial Affidavit (Short Form) (CS-PO31). Form CS-PO31 is incorporated by
				reference in Rule 12E-1.036, F.A.C.
3. A caregiver is mailed Forms CS-POBB and
				CS-OA12 if the support order under review is an administrative support order
				issued by the Department and Form CS-POBB if the support order under review is
				not an administrative support order issued by the
				Department.
(d) When the
				review is initiated under (1)(a), the parents are requested to complete and
				return the forms within 20 days after the date that appears on Form CS-POBB.
				When the 20-day period expires, the Department proceeds with the
				review.
(e) When a review is
				initiated under (1)(b), the parent who requests the review must complete and
				return the forms within the time period specified in Form CS-POBB. If the forms
				are not completed and returned timely, the review is ended, and the requesting
				party is notified by the Support Order Review Update form (CS-POBA). Form
				CS-POBA, (
http://www.flrules.org/Gateway/reference.asp?No=Ref-15883
),
				is hereby incorporated by reference, effective 09/23. If the requesting party
				returns the completed forms timely, the Department mails the applicable forms
				to the nonrequesting party for completion and return. If the forms mailed to
				the nonrequesting party are returned to the Department undelivered, the
				Department resends the forms to the party's current address, if known. If the
				party's current address is not known, the Department terminates the proceeding
				and notifies the requesting party by issuing Form CS-POBA that the review
				cannot be completed.
(f) The
				Department does not initiate or terminates a review when the parent who owes
				support is incarcerated. The Department notifies the parties that a review
				cannot be conducted by mailing the parties the Unable to Conduct Support Order
				Review Parent Who Owes Support in Jail form (CS-POBK). Form CS-POBK, (
http://www.flrules.org/Gateway/reference.asp?No=Ref-15884
),
				is hereby incorporated by reference, effective 09/23.
(g) When the Department does not initiate or
				terminates a review and the parent who owes support is not incarcerated, the
				Department notifies the parties by issuing Form CS-POBA.