01-003852 Michael A. Chang vs. Department Of Revenue, Child Support Enforcement Program Status: Closed Recommended Order on Thursday, December 13, 2001.

Summary: Respondent may levy on Petitioner`s credit union account and apply the funds toward Petitioner`s past-due and/or overdue child support obligation.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MICHAEL A. CHANG, )

)

Petitioner, )

)

vs. ) Case No. 01 - 3852

)

DEPARTMENT OF REVENUE, CHILD )

SUPPORT ENFORCEMENT PROGRAM, )

)

Respondent. )

)

RECO MMENDED ORDER

A telephone hearing between Tallahassee, Florida, and

Wewahitchka, Florida, was held in this case on December 12,

2001, before the Division of Administrative Hearings by its

Administrative Law Judge, Suzanne F. Hood.

APPEARANCES

For Petit ioner: Micheal A. Chang, pro se

DC #T18277

699 Ike Steele Road

Wewahitchka, Florida 32465

For Respondent: Scott Edmonds, Esquire

Department of Revenue

Post Office Box 8030

Tallahassee, Florida 32314

STATEMENT OF THE ISSUES

The issues are whether Petitioner is delinquent in his

child support payments; and if so, whether Respondent may levy

the funds from Petitioner's ban k account pursuant to

Section 409.25656, Florida Statutes.

PRELIMINARY STATEMENT

On March 27, 2001, Respondent Department of Revenue, Child

Support Enforcement Program (Respondent), issued a Notice of

Intent to Levy to Petitioner Michael A. Chang (Pe titioner). The

notice advised Petitioner that Respondent intended to levy funds

from Petitioner's account at Tampa Bay Federal Credit Union

pursuant to Section 409.25656, Florida Statutes.

Petitioner filed an Amended Petition for Administrative

Hearing on August 9, 2001. Respondent transmitted this petition

to the Division of Administrative Hearings on October 2, 2001.

On October 26, 2001, the undersigned issued a Notice of

Hearing, scheduling the hearing for December 12, 2001. Because

Petitioner is inca rcerated, the parties agreed that Petitioner

would appear at the hearing by telephone from Wewahitchka,

Florida, and that the undersigned, Respondent, and any witnesses

would appear in Tallahassee, Florida.

On or about November 19, 2001, Petitioner filed a Voluntary

Reciprocal Disclosure. Among other documents, a copy of

Petitioner's responses to Respondent's First Request for

Admissions was attached to the Voluntary Reciprocal Disclosure.

Petitioner also filed a Verified Motion to Suspend Child

Suppor t and to Set Prospective Purge Amount on November 19,

2001. Respondent filed a response in opposition to the motion

on November 27, 2001. The undersigned denied the motion by

Order dated November 28, 2001.

On November 30, 2001, Respondent filed a Motion for Summary

Final Order. During the hearing Respondent requested that the

motion be considered as a request for dismissal based on a lack

of disputed issues of material fact. For the reasons set forth

below, this motion was granted during the hearing.

On December 10, 2001, Respondent filed a Motion for

Attorney's Fees and Costs. This motion was denied during the

hearing.

When the hearing commenced, Petitioner stated that he did

not object to Respondent's levy of funds in the amount of $53.03

from Petitio ner's account at Tampa Bay Federal Credit Union.

Petitioner agreed that the case could be dismissed and remanded

to Respondent for the entry of a final order. No testimony was

presented and no exhibits were offered by either party.

The parties did not or der a copy of the transcript. Under

the circumstances, there was no need for either party to file

proposed recommended orders.

FINDINGS OF FACT

1. It is undisputed that Petitioner's child support

obligation is ongoing. He admits that his overall month ly

obligation is $312.00.

2. As of October 24, 2001, Petitioner's was in arrears on

his child support obligation in excess of $53.03. Petitioner

has not made any payments toward his child support obligation

since September 2000.

3. On March 20, 2001, Re spondent issued a Notice of

Freeze. This notice advised Tampa Bay Federal Credit Union that

Petitioner had a past - due and/or overdue child support

obligation and that any funds held by Tampa Bay Federal Credit

Union in Petitioner's name were frozen pursua nt to Section

409.25656, Florida Statutes. At that time, Petitioner had funds

in the amount of $53.03 in an account at Tampa Bay Federal

Credit Union.

4. On March 27, 2001, Respondent issued a Notice of Intent

to Levy. This notice advised Petitioner t hat Respondent

intended to levy on the $53.03 in Petitioner's account with

Tampa Bay Federal Credit Union. According to the notice,

Respondent intended to take the funds due to Petitioner's non -

payment of child support.

5. During the hearing, Petitione r stated that he did not

object to Respondent's action to levy on the funds held by Tampa

Bay Federal Credit Union. Accordingly, there are no disputed

issues of material fact.

CONCLUSIONS OF LAW

6. The Division of Administrative Hearings has

jurisdiction over the parties and the subject matter of this

proceeding. Sections 120.569, 120.57(1), and 409.25656(1),

Florida Statutes.

7. When a person has a child support obligation that is

past - due and/or overdue, Respondent has authority to levy upon

any credi ts or personal property, including wages, belonging to

the child support obligor and to levy on any debts owed to the

child support obligor. Section 409.25656, Florida Statutes.

8. In this case, Petitioner admits that he is delinquent

on his child supp ort obligation by more than $53.03. Any

disputed amount of delinquency or arrears in excess of $53.03 is

irrelevant because $53.03 is the maximum amount that can be

levied in this garnishment action.

9. Petitioner does not object to Respondent's taking the

$53.03 from the Tampa Bay Federal Credit Union pursuant to

Section 409.25656, Florida Statutes. Accordingly, the case does

not present disputed issues of material fact.

10. All other issues raised by Petitioner in this

proceeding are beyond the jur isdiction of the Division of

Administrative Hearings. They should be properly disposed of by

the Circuit Court in the Thirteenth Circuit, in and for

Hillsborough County.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is

ORDERED:

That Respondent enter a final order directing that $53.03

currently held at Tampa Bay Federal Credit Union be applied

towards meeting the Petitioner's unpaid child support

obligation.

DONE AND ENTERED this 13th day of December, 2001, in

Talla hassee, Leon County, Florida.

___________________________________

SUZANNE F. HOOD

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675 SUNCOM 278 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 13th day of December, 2001.

COPIES FURNISHED :

Michael A. Chang, DC #T18277

Gulf Forestry Camp

699 Ike Steele Road

Wewahitchka, Florida 3246 5

Scott Edmonds, Esquire

Department of Revenue

Post Office Box 8030

Tallahassee, Florida 32314

Bruce Hoffmann, General Counsel

Department of Revenue

204 Carlton Building

Tallahassee, Florida 32399 - 0100

James Zingale, Executive Director

Department of R evenue

104 Carlton Building

Tallahassee, Florida 32399 - 0100

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions

to this Recommended Order s hould be filed with the agency that

will issue the final order in this case.