12E-1.041. Review for Modification of Support Order

(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.

(2) Conducting the review.

(a) The requesting party must provide documentation showing a permanent, involuntary change of circumstance, which may include:

1. A change in either parent’s income. If the income of the parent who is ordered to pay support increases, the Department does not need to prove that the change is involuntary to proceed with support order modification.

2. A parent begins receiving Social Security Disability Income.

3. A parent or child becomes permanently disabled.

4. A change in a parent’s or child’s medical condition results in a reduced ability to pay support or an increased need for support.

5. An increased need for support. 

(b) The Department uses the child support guidelines in Section 61.30, F.S., to calculate the amount of child support owed based on information provided by the parties and other relevant information obtained by the Department, such as state wage records obtained from the Department of Economic Opportunity and income information provided by a parent’s employer or other payor of income. 

(c) The Department begins a proceeding to modify a support order when:

1. It has been three years or more since the most recent support order review under Section 409.2564(11), F.S., or since the support order was entered or last modified; the child support amount calculated during the review varies from the child support amount in the support order by at least 10 percent or a minimum of $25.00 per month; and there is a permanent, involuntary change in circumstances.

2. It has been less than three years since the order was entered, modified, or reviewed under Section 409.2564(11), F.S.; the child support amount calculated during the review varies from the child support amount in the support order by at least 15 percent or $50.00 per month; and there is a permanent, involuntary change in circumstances.

(d) The Department notifies the parents of the results of a completed support order review.

1. When a support order review indicates an administrative support order should be modified, the Department proceeds in accordance with subsection 12E-1.030(14), F.A.C.

2. When a support order review indicates a judicial support order should be modified, the Department mails both parties the Results of Support Order Review form (CS-POBC). Form CS-POBC, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15885), is hereby incorporated by reference, effective 09/23.

3. When an administrative support order issued by the Department is reviewed and the review indicates there is not a substantial, permanent, or involuntary change in circumstances, the Department concludes the review by mailing the parties Form CS-POBC. When a support order review indicates the Department is unable to proceed with support order modification for reasons other than those stated in Form CS-POBC, the Department concludes the review by mailing the parties the Results of Support Order Review form (CS-POBCa). Form CS-POBCa, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15886), is hereby incorporated by reference, effective 09/23.

(3) Notice of right to request support order review and modification.

(a) If the mailing address of both parties is known, the Department mails the parties a Your Right to a Support Order Review form (CS-POBJ) at least once every three years in accordance with Section 409.2546(11), F.S. Form CS-POBJ, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15887), is hereby incorporated by reference, effective 09/23.

(b) The Department mails both parties the Right to Support Order Review Due to Incarceration form (CS-POBI) within 15 days after receiving information that the parent who owes support is incarcerated and will be incarcerated for at least 180 days. Form CS-POBI, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15888), is hereby incorporated by reference, effective 09/23.

Rulemaking Authority 61.13(1)(b)7., 61.14(1)(d), 409.2557(3)(p), 409.2563(7)(e), 409.2563(16), 409.25633(9) FS. Law Implemented 409.2563, 409.25633 FS. History–New 9-14-23.