5D08-4025 Dept. of Revenue v. Hoover

State: Florida

Court: Florida Fifth District Court

Docket No: 5D08-4025

Case Date: 07/12/2010

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2010

DEPARTMENT OF REVENUE, O/B/O AMANDA GAUTHIER, Appellant, v. KEITH HOOVER, Appellee. ________________________________/ Opinion filed July 16, 2010 Appeal from the Circuit Court for Brevard County, J. Preston Silvernail, Judge. Bill McCollum, Attorney General, and Toni C. Bernstein, Assistant Attorney General, Tallahassee, for Appellant. Robert Marasco, Rockledge, for Appellee. Case No. 5D08-4025

SAWAYA, J. The Department of Revenue, Child Support Enforcement Program (the Department), appeals the circuit court's order voiding an administrative modification of child support and the circuit court's order denying the Department's motion to vacate that order. The issue we must resolve is whether the circuit court erred when it held that a previous court order was a superseding order under section 409.2563, Florida Statutes (2008), that vested sole jurisdiction in the circuit court, thus depriving the

Department of jurisdiction to issue an administrative modification of child support. We reverse the orders under review. The procedural path this case has taken is important to the resolution of the issue before us so we will discuss it in detail. In 2004, the Department filed a notice of proceeding on behalf of the mother to establish an administrative support order requiring the father, Keith Hoover, to pay child support for their child. The Department instituted these proceedings because the mother was receiving public assistance.

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