Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12E - Child Support Program › Chapter 12E-1 - CHILD SUPPORT PROGRAM › Section 12E-1.036 - Administrative Establishment of Paternity and Support Obligations

Current through Reg. 50, No. 138; July 16, 2024
(1) Introduction. Section
				409.256, F.S., authorizes the
				Department to administratively establish the paternity of a child. The law also
				authorizes the Department to administratively establish paternity and support
				obligation when it is providing services under Title IV-D of the Social
				Security Act.
(2) Definitions. For
				purposes of this rule:
(a) "Address of record"
				means the address to which all administrative proposed orders, final orders,
				and other notices are mailed. The address of record is established as the
				active mailing or residential address maintained for the party by the
				Department that is listed on the initial notice that is served on the
				respondent. If the party provides a new address in writing after service of the
				initial notice, the new address is designated the address of record and all
				subsequent documents associated with the administrative action will be mailed
				to that address.
(b)
				"Administrative Support Order" or "Final Order" means a final order rendered by
				the Department as allowed by Section
				409.256, F.S. The Final Order
				establishes paternity or paternity and a support obligation for the child or
				children. The administrative support order may also include terms for monetary
				support, retroactive support, health insurance, and non-covered medical
				expenses if appropriate.
(c)
				"Alleged Father" means "Putative Father" as defined by Section
				409.256(1)(g),
				F.S., which is an individual who is or may be the biological father of a child
				whose paternity has not been established and whose mother was unmarried when
				the child was conceived and born.
(d) "Amended Proposed Administrative Support
				Order" or "Amended Proposed Order" is a modified Proposed Order issued by the
				Department to correct an error or reflect new information that changes the
				terms of the original or subsequent Proposed Order.
(e) "Caregiver" means a person other than the
				mother, father, or alleged father, who has physical custody of a child or with
				whom the child primarily resides.
(f) "Emancipated" means the status of a minor
				child who has become an adult on reaching 18 years of age, by order of the
				court, by marriage, or by other means provided by law.
(g) "Good cause" means the person scheduled
				for genetic testing missed the appointment for reasons beyond their
				control.
(h) "Income Deduction
				Order" means an administrative final order rendered by the Department directing
				an employer or other payor of income to deduct support payments from the income
				of a parent who is ordered to pay support.
(i) "Legal service provider" means a program
				attorney as defined by Section
				409.2554(9),
				F.S.
(j) "Long-arm jurisdiction"
				refers to the conditions listed in Sections
				48.193(1)(a)
				and 88.2011, F.S., that allow the
				Department to assert personal jurisdiction over a respondent who does not
				reside in Florida.
(k) "Paternity
				and Administrative Support Proceeding" means an administrative action taken by
				the Department to order genetic testing, establish paternity, and establish a
				support obligation.
(l)
				"Petitioner" or "petitioning parent" means the parent or caregiver with whom
				the child resides.
(m) "Public
				assistance" means temporary cash assistance, food assistance, Medicaid, or any
				combination thereof.
(n)
				"Respondent" means the parent from whom the Department is seeking
				support.