12E-1.027. Written Agreements for Payment of Past-Due Support

(1) Scope. This rule establishes procedures for the department to settle enforcement actions in child support cases by entering into written agreements with support obligors for the payment of past-due support. The department may enter into such written agreements in accordance with this rule.

(2) Definitions.

(a) “Authorized representative” means a representative of the department’s Child Support Enforcement Program authorized to complete and sign a written agreement.

(b) “Past-due support” means the amount of support determined under a support order established under state law for support and maintenance of a child, or of a child and the parent with whom the child is living, which has not been paid.

(c) “Written agreement” or “payment agreement” means an agreement entered into by the Department and an obligor that sets the terms for payment of past-due support.

(3) Requirements for Entering into Written Agreements for Payment of Past-Due Support.

(a) The department may enter into an agreement with an obligor for payment of past-due support if, after considering the factors in paragraph (b), the department agrees that the obligor is currently unable to satisfy the past-due support by an immediate lump sum payment in full.

(b) The department shall consider the following factors in determining whether to enter into an agreement for payment of past due support, and shall require documentation when necessary:

1. The obligor’s current income and assets,

2. The obligor’s employment history, current employment and capacity for work,

3. The obligor’s medically verifiable disability, if any,

4. The obligor’s ability to borrow money,

5. The obligor’s support payment history,

6. The obligor’s ability to meet a payment schedule based on projected cash flow; and,

7. The length of time required to pay off the past-due support under a payment schedule.

The department may consider other factors and circumstances based on the particular facts of a case.

(c) The department may renegotiate a written agreement for payment of past-due support. When renegotiating, the department shall consider the obligor’s support payment history during the term of the initial agreement, and the factors in paragraph (b), above.

(4) Form and Completion of Written Agreements.

(a) The Department uses the Payment Agreement for Past-Due Support (CS-EF91) form to enter into a written agreement with an obligor. Form CS-EF91, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15852), is incorporated herein by reference effective 09/23.

(b) A written agreement becomes effective when completed and signed by both the Department and the obligor, or the obligor’s representative. After execution of a written agreement, the Department provides the obligor, or the obligor’s representative a copy of the agreement.

Rulemaking Authority 409.2557(3)(f), 409.2564(13) FS. Law Implemented 409.2561(1), (2)(b), (3), 409.2564(4), 409.2598 FS. History–New 3-6-02, Amended 10-26-22, 9-14-23.