Opinion
Case No. 5D18-2595
10-11-2019
State of Florida DEPARTMENT OF REVENUE o/b/o Crystal Lynn Wolfe, Appellant, v. Joseph Robert SINAWA, Appellee.
Ashley Moody, Attorney General, Tallahassee, and Toni C. Bernstein, Senior Assistant Attorney General, Tallahassee, for Appellant. No Appearance for Appellee.
Ashley Moody, Attorney General, Tallahassee, and Toni C. Bernstein, Senior Assistant Attorney General, Tallahassee, for Appellant.
No Appearance for Appellee.
WALLIS, J.
The Department of Revenue (the Department), on behalf of Crystal Wolfe (Mother), appeals the order setting aside an administrative child support order. The Department argues that the trial court lacked jurisdiction to enter the order. We agree and reverse.
The Department initiated these proceedings when it contacted Joseph Sinawa (Father) and informed him that he may be required to provide child support for Mother's minor child. The notice sent to Father specifically stated that paternity of the child had been legally established by affidavit or voluntary acknowledgement. The Department subsequently entered the administrative support order, setting Father's monthly child support obligation and ordering him to pay Mother retroactive child support.
Thereafter, Father filed a separate action to establish paternity of the child. As a part of the paternity case, the trial court ordered DNA testing. After receiving the DNA results, which showed that Father was not the biological father of the child, Father voluntarily dismissed the paternity action. Several days after Father entered the voluntary dismissal, the trial court entered the order on appeal, which set aside the administrative support order and terminated Father's child support obligation.
Section 409.2563, Florida Statutes (2018), promulgates the requirements for the administrative establishment of child support obligations. Under section 409.2563(10)(a), the parent obligated to pay child support "has the right to seek judicial review of an administrative support order or a final order denying an administrative support order in accordance with s. 120.68." Section 120.68(2)(a), Florida Statutes (2018), provides: "Judicial review shall be sought in the appellate district where the agency maintains its headquarters or where a party resides or as otherwise provided by law." When read together, these provisions "do not authorize the trial court to enter an order vacating or retroactively affecting a final administrative child support order." Dep't of Rev. ex rel. Chevor v. Mohomed, 996 So. 2d 900, 902 (Fla. 5th DCA 2008). However, section 409.2563(10)(c), Florida Statutes, provides that a circuit court "may enter an order prospectively changing the support obligations established in an administrative support order, in which case the administrative support order is superseded and the court's order shall govern future proceedings in the case." See Dep't of Rev. ex rel. Chamberlain v. Manasala, 982 So. 2d 1257, 1259 (Fla. 1st DCA 2008).
As the Department argues, the order on appeal clearly vacates Father's child support obligation and is not a superseding order prospectively modifying a child support award. Therefore, the trial court was without jurisdiction to enter the order. See Mohomed, 996 So. 2d at 902 ; Manasala, 982 So. 2d at 1259. Accordingly, we reverse the order terminating child support.
REVERSED.
EISNAUGLE and HARRIS, JJ., concur.