Administrative Establishment of Child Support Obligations, Administrative Establishment of Paternity and Support Obligations, Request for Services
Division of Child Support Enforcement
RULE NOS.:RULE TITLES:
12E-1.030Administrative Establishment of Child Support Obligations
12E-1.036Administrative Establishment of Paternity and Support Obligations
12E-1.039Request for Services
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 45 No. 111, June 7, 2019 issue of the Florida Administrative Register.
The following changes are made in response to written comments received from the staff of the Joint Administrative Procedures Committee.
12E-1.030 Administrative Establishment of Child Support Obligations.
(1) through (3) No change.
(4) Obtaining Cooperation from the Petitioner.
(a) If a case is eligible for establishment of an administrative support order the Department must obtain cooperation from the petitioner before serving notice on the respondent. To obtain cooperation, the Department mails the petitioner Form CS-ES96, Request for Information Administrative Support Action, incorporated herein by reference, effective xx/xx, (http://www.flrules.org/Gateway/reference.asp?No=Ref- ); the Financial Affidavit Administrative Proceeding (CS-OA11); the Parent Information Form (CS-OA12); and the Title IV-D Standard Parenting Time Plan (CS-OA250), except as provided by paragraph (6)(a). Forms CS-OA11 and CS-OA12 are incorporated by reference in Rule 12E-1.036, F.A.C. Form CS-OA250 is available at www.floridarevenue.com/childsupport/parenting_time_plans. The petitioner has 20 days after the mailing date of the forms to complete and return them. If the action was requested by another state’s Title IV-D agency, the petitioner has 45 days after the mailing date of the forms to complete and return them.
(b) and (c) No change.
(5) through (14) No change.
(15) Termination of an Administrative Support Order.
(a) through (d) No change.
(e) When the Department begins a proceeding to terminate an Administrative Support Order, the Department shall notify the parents or caregiver by regular mail at the address of record for each party using Form CS-OA160, Notice of Intent to Terminate Final Administrative Support Order, hereby incorporated by reference, effective 09/19/2017, (http://www.flrules.org/Gateway/reference.asp?No=Ref-08627). If the notice is not contested the Department shall render Form CS-OA178, Final Order Terminating Administrative Order Terminating Support Order, hereby incorporated by reference, effective xx/xx, (http://www.flrules.org/Gateway/reference.asp?No=Ref-
_____).
(16) through (18) No change.
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 9-19-17, Amended 1-17-18, 9-17-18, __________.
The Department revises the incorporated material, form CS-OA140R, as follows:
Added Option 12 and corrected references to selection A, B and C in Option 14.1 and 14.2.
12E-1.036 Administrative Establishment of Paternity and Support Obligations.
(1) through (6) No change.
(7) Notice of Proceeding to Establish Paternity and Order to Appear for Genetic Testing.
(a) No change.
(b) Proceeding in Circuit Court.
1. through 2. No change.
3. The Department then sends the petitioning parent Form CS-PO31, Family Law Financial Affidavit (Short Form), hereby incorporated by reference, effective xx/xx, (http://www.flrules.org/Gateway/reference.asp?No=Ref- ). Form CS-PO31 instructs the petitioning parent to contact the Department by phone to request a Family Law Financial Affidavit (Long Form), Form CS-PO30, if the individual’s gross income is more than $50,000 or more per year. Form CS-PO30 is hereby incorporated by reference, effective xx/xx, (http://www.flrules.org/Gateway/reference.asp?No=Ref- ). The Department will send the CS-PO30 to the petitioning parent upon request.
4. through 6. No change.
(8) through (21) No change.
Rulemaking Authority 409.2557(3)(p), 409.256(17), 409.25633(9) FS. Law Implemented 409.256, 409.2563, 409.25633 FS. History–New 4-5-16, Amended 9-19-17, 1-17-18, 9-17-18, __________.
The Department revises the incorporated material, form CS-PO31, as follows:
Removed first paragraph under special notes on page 1.
The Department revises the incorporated material, form CS-PO30, as follows:
Replaced the Family Law Rule of Procedure form 12.902(b), effective 09/12 with version 12.902(c), effective 01/15.
The Department revises the incorporated material, form CS-OA140R, as follows:
Added Option pages to the form.
The Department revises the incorporated material, form CS-OA40, as follows:
Corrected character spacing in Option 9 and corrected references to selection A, B and C in Option 14.1 and 14.2.
The Department revises the incorporated material, form CS-OX40, as follows:
Corrected character spacing in Option 9 and corrected references to selection A, B and C in Option 14.1 and 14.2.
12E-1.039 Request for Services.
(1) through (4) No change.
(5) Supporting documents; additional requirements.
(a) An individual who applies for services under subsection (4) or who receives public assistance must:
1. through 2. No change.
3. Provide a paternity declaration for each child who does not have a legal father.
a.(I) The Department uses the Paternity Declaration, Form CS-PO34, for the mother. Form CS-PO34, (http://www.flrules.org/Gateway/reference.asp?No=Ref- ), is incorporated herein by reference effective xx/xx.
b.(II) The Department uses the Paternity Statement by Non-Parent, Form CS-PO102, for the non-parent caregiver. Form CS-PO102, (http://www.flrules.org/Gateway/reference.asp?No=Ref-08655), is incorporated herein by reference effective 09/19/2017.
c.(III) The Department uses the Paternity Statement by Alleged Father, Form CS-PO103 for the alleged father. Form CS-PO103, (http://www.flrules.org/Gateway/reference.asp?No=Ref-08656), is incorporated herein by reference effective 09/19/2017.
4. Provide a separate completed Additional Alleged Fathers form (CS-ES119) for each alleged father named on the paternity declaration. Form CS-ES119, (http://www.flrules.org/Gateway/reference.asp?No=Ref-08661), is hereby incorporated by reference, effective 09/19/2017.
54. Provide the Department proof of health insurance if the child(ren) is insured.
65. Inform the Department of any changes in information for himself or herself, the child(ren) or other parent(s). This includes addresses, employment, phone numbers, and where the child(ren) resides.
76. Voluntarily submit to personal jurisdiction in Florida.
87. Cooperate with the Department as required by Rule 12E-1.008, F.A.C.
(6) Application and Referral Review.
(a) No change.
(b) No change.
1. through 2. No change.
3. The Department will provide the public assistance recipient Form CS-ES119, Additional Alleged Fathers, if there is more than one alleged father. The public assistance recipient must complete and submit the CS-ES119 form(s) provided. Form CS-ES119, (http://www.flrules.org/Gateway/reference.asp?No=Ref-08661), is hereby incorporated by reference, effective 09/19/2017.
34. The Department will notify the Department of Children and Family Services in accordance with Section 409.2572, F.S., if the public assistance recipient fails to provide all required information.
Rulemaking Authority 409.2557(3)(h), (i) FS. Law Implemented 409.2567 FS. History–New 9-19-17, __________.
The Department revises the incorporated material, form CS-PO34, as follows:
Revised instructions on page 1 to clarify that the applicant must provide the Department a completed Additional Alleged Fathers form (CS-ES119) for each alleged father named on the paternity declaration.
