This rule addresses child support enforcement and the process by which these types of hearings are heard outside a circuit judge’s chambers or courtroom. The rule grants the authority for Support Enforcement Hearing Officers to deal with proceedings establishing, enforcing, or modifying child support. This allows the process to be streamlined for many Support cases and leads to quicker results. The major downside to this system is only support can be addressed. As many support issues are entangled with other issues like timesharing, only partial remedies can be gained from these hearings.
Limited Application:
This rule is only effective when invoked by administrative order of the chief justice for use in a particular county or circuit
Scope:
It applies to proceedings for establishment, enforcement or modification of child support. Also for enforcement of any support order when the party seeking support receives services under Title IV-D of the Social Security Act.
Who presides over these cases?
Hearing officers appointed by the chief judge of each judicial circuit to perform the duties outlined in the rule. A support enforcement hearing officer is referred the case by the court or clerk of court upon filing of a cause of action to which the rule applies. The hearing officer has the power to issue process, administer oaths, require production of documents, and conduct hearings for the purpose of taking evidence.
Note: hearing officers do not have authority to hear contested paternity cases.
Procedure:
After the case is referred to a hearing officer, a time and place for the appropriate hearing is set. Notice must be given as required by law.
At the hearing, the hearing officer can take testimony and establish a record. The records may be recorded electronically as provided by the Rule of Judicial Administration. The hearing officer shall accept voluntary acknowledgment of paternity and support liability and stipulated agreements setting the amount of support to be paid. The hearing officer then evaluates the evidence and makes a recommended order to the court which lays out the findings of fact.
Once the court receives a recommended order, the court shall review the order and enter it unless good cause appears to amend, conduct further proceedings, or refer the matter back to the hearing officer for further hearings.
Any party affected by the order may move to vacate the order by filing a motion within 10 days of its entry. A motion to vacate shall be heard within 10 days of the movant applying for hearing on the motion. A record, which includes the court file, a transcript of the proceedings, and all depositions and evidence presented to the hearing officer, shall be provided by the party seeking review. The cost shall be borne by the party seeking review. The transcript shall be provided to the judge and opposing counsel at least 48 hours prior to the hearing.
Modifications:
Although there is a deadline for motions to vacate, any party affected by an order may move to modify at any time.
Relevant case law:
Entry of final decree by the court in accordance with the findings and recommendations of the master is not a mere formality, and a trial judge must carefully consider whether the evidence and findings of fact, as fully set forth in the hearing officer's recommended order, support the hearing officer's recommendations, and whether the recommendations are justified under the law; Gregory v. Rice, 727 So. 2d 251 (Fla. 1999).
Under Fla. Fam. L. R. P. 12.491(e)(3), hearing officers are prohibited from presiding over contested paternity cases; hearing officers are only authorized to accept voluntary acknowledgement of paternity and support liability and stipulated agreements setting the amount of support to be paid. Benardo v. Dep't of Revenue, 819 So. 2d 161 (Fla. Dist. Ct. App. 4th Dist. 2002). The Court found that the hearing officer had no authority to rely on the DNA results over the father's objections.
Review Court Orders which may amend this Rule
Rule 12.491. Child Support Enforcement
(a) Limited Application. --This rule shall be effective only when specifically invoked by administrative order of the chief justice for use in a particular county or circuit.
(b) Scope. --This rule shall apply to proceedings for
(1) the establishment, enforcement, or modification of child support, or
(2) the enforcement of any support order for the parent or other person entitled to receive child support in conjunction with an ongoing child support or child support arrearage order, when a party seeking support is receiving services pursuant to Title IV-D of the Social Security Act (42 U.S.C. §§ 651 et seq.) and to non-Title IV-D proceedings upon administrative order of the chief justice.
(c) Support Enforcement Hearing Officers. --The chief judge of each judicial circuit shall appoint such number of support enforcement hearing officers for the circuit or any county within the circuit as are necessary to expeditiously perform the duties prescribed by this rule. A hearing officer shall be a member of The Florida Bar unless waived by the chief justice and shall serve at the pleasure of the chief judge and a majority of the circuit judges in the circuit.
(d) Referral. --Upon the filing of a cause of action or other proceeding for the establishment, enforcement, or modification of support to which this rule applies, the court or clerk of the circuit court shall refer such proceedings to a support enforcement hearing officer, pursuant to procedures to be established by administrative order of the chief judge.
(e) General Powers and Duties. --The support enforcement hearing officer shall be empowered to issue process, administer oaths, require the production of documents, and conduct hearings for the purpose of taking evidence. A support enforcement hearing officer does not have the authority to hear contested paternity cases. Upon the receipt of a support proceeding, the support enforcement hearing officer shall:
(1) assign a time and place for an appropriate hearing and give notice to each of the parties as may be required by law;
(2) take testimony and establish a record, which record may be by electronic means as provided by Florida Rule of Judicial Administration 2.535(g)(3);
(3) accept voluntary acknowledgment of paternity and support liability and stipulated agreements setting the amount of support to be paid; and
(4) evaluate the evidence and promptly make a recommended order to the court. Such order shall set forth findings of fact.
(f) Entry of Order and Relief from Order. --Upon receipt of a recommended order, the court shall review the recommended order and shall enter an order promptly unless good cause appears to amend the order, conduct further proceedings, or refer the matter back to the hearing officer to conduct further proceedings. Any party affected by the order may move to vacate the order by filing a motion to vacate within 10 days from the date of entry. Any party may file a cross-motion to vacate within 5 days of service of a motion to vacate, provided, however, that the filing of a cross-motion to vacate shall not delay the hearing on the motion to vacate unless good cause is shown. A motion to vacate the order shall be heard within 10 days after the movant applies for hearing on the motion.
(g) Modification of Order. --Any party affected by the order may move to modify the order at any time.
(h) Record. --For the purpose of hearing on a motion to vacate, a record, substantially in conformity with this rule, shall be provided to the court by the party seeking review.
(1) The record shall consist of the court file, including the transcript of the proceedings before the hearing officer, if filed, and all depositions and evidence presented to the hearing officer.
(2) The transcript of all relevant proceedings shall be delivered to the judge and provided to opposing counsel not less than 48 hours before the hearing on the motion to vacate. If less than a full transcript of the proceedings taken before the hearing officer is ordered prepared by the moving party, that party shall promptly file a notice setting forth the portions of the transcript that have been ordered. The responding party shall be permitted to designate any additional portions of the transcript necessary to the adjudication of the issues raised in the motion to vacate or cross-motion to vacate.
(3) The cost of the original and all copies of the transcript of the proceedings shall be borne initially by the party seeking review, subject to appropriate assessment of suit monies. Should any portion of the transcript be required as a result of a designation filed by the responding party, the party making the designation shall bear the initial cost of the additional transcript.
HISTORY: Amended eff. Mar. 1, 1998 (713 So.2d 1); Feb. 1, 1999 (723 So.2d 208); Jan. 1, 2004 (853 So.2d 303); Oct. 16, 2008 (2008 Fla. Lexis 1975, 33 Fla. L. Weekly S 840); Jan. 1, 2009 (995 So.2d 470)
Limited Application:
This rule is only effective when invoked by administrative order of the chief justice for use in a particular county or circuit
Scope:
It applies to proceedings for establishment, enforcement or modification of child support. Also for enforcement of any support order when the party seeking support receives services under Title IV-D of the Social Security Act.
Who presides over these cases?
Hearing officers appointed by the chief judge of each judicial circuit to perform the duties outlined in the rule. A support enforcement hearing officer is referred the case by the court or clerk of court upon filing of a cause of action to which the rule applies. The hearing officer has the power to issue process, administer oaths, require production of documents, and conduct hearings for the purpose of taking evidence.
Note: hearing officers do not have authority to hear contested paternity cases.
Procedure:
After the case is referred to a hearing officer, a time and place for the appropriate hearing is set. Notice must be given as required by law.
At the hearing, the hearing officer can take testimony and establish a record. The records may be recorded electronically as provided by the Rule of Judicial Administration. The hearing officer shall accept voluntary acknowledgment of paternity and support liability and stipulated agreements setting the amount of support to be paid. The hearing officer then evaluates the evidence and makes a recommended order to the court which lays out the findings of fact.
Once the court receives a recommended order, the court shall review the order and enter it unless good cause appears to amend, conduct further proceedings, or refer the matter back to the hearing officer for further hearings.
Any party affected by the order may move to vacate the order by filing a motion within 10 days of its entry. A motion to vacate shall be heard within 10 days of the movant applying for hearing on the motion. A record, which includes the court file, a transcript of the proceedings, and all depositions and evidence presented to the hearing officer, shall be provided by the party seeking review. The cost shall be borne by the party seeking review. The transcript shall be provided to the judge and opposing counsel at least 48 hours prior to the hearing.
Modifications:
Although there is a deadline for motions to vacate, any party affected by an order may move to modify at any time.
Relevant case law:
Entry of final decree by the court in accordance with the findings and recommendations of the master is not a mere formality, and a trial judge must carefully consider whether the evidence and findings of fact, as fully set forth in the hearing officer's recommended order, support the hearing officer's recommendations, and whether the recommendations are justified under the law; Gregory v. Rice, 727 So. 2d 251 (Fla. 1999).
Under Fla. Fam. L. R. P. 12.491(e)(3), hearing officers are prohibited from presiding over contested paternity cases; hearing officers are only authorized to accept voluntary acknowledgement of paternity and support liability and stipulated agreements setting the amount of support to be paid. Benardo v. Dep't of Revenue, 819 So. 2d 161 (Fla. Dist. Ct. App. 4th Dist. 2002). The Court found that the hearing officer had no authority to rely on the DNA results over the father's objections.
LEXSTAT FLA R FAM LAW R PRO 12.491
LexisNexis Florida Rules of Court Annotated
Copyright 2011 by Matthew Bender & Company, Inc.
a member of the LexisNexis Group.
All rights reserved.
*** RULES CURRENT THROUGH CHANGES RECEIVED BY February 15, 2011 ***
*** ANNOTATIONS CURRENT THROUGH Feb. 11, 2011 ***
Florida Family Law Rules of Procedure
Fla. R. Fam. Law R. Proc. 12.491 (2011)
Review Court Orders which may amend this Rule
Rule 12.491. Child Support Enforcement
(a) Limited Application. --This rule shall be effective only when specifically invoked by administrative order of the chief justice for use in a particular county or circuit.
(b) Scope. --This rule shall apply to proceedings for
(1) the establishment, enforcement, or modification of child support, or
(2) the enforcement of any support order for the parent or other person entitled to receive child support in conjunction with an ongoing child support or child support arrearage order, when a party seeking support is receiving services pursuant to Title IV-D of the Social Security Act (42 U.S.C. §§ 651 et seq.) and to non-Title IV-D proceedings upon administrative order of the chief justice.
(c) Support Enforcement Hearing Officers. --The chief judge of each judicial circuit shall appoint such number of support enforcement hearing officers for the circuit or any county within the circuit as are necessary to expeditiously perform the duties prescribed by this rule. A hearing officer shall be a member of The Florida Bar unless waived by the chief justice and shall serve at the pleasure of the chief judge and a majority of the circuit judges in the circuit.
(d) Referral. --Upon the filing of a cause of action or other proceeding for the establishment, enforcement, or modification of support to which this rule applies, the court or clerk of the circuit court shall refer such proceedings to a support enforcement hearing officer, pursuant to procedures to be established by administrative order of the chief judge.
(e) General Powers and Duties. --The support enforcement hearing officer shall be empowered to issue process, administer oaths, require the production of documents, and conduct hearings for the purpose of taking evidence. A support enforcement hearing officer does not have the authority to hear contested paternity cases. Upon the receipt of a support proceeding, the support enforcement hearing officer shall:
(1) assign a time and place for an appropriate hearing and give notice to each of the parties as may be required by law;
(2) take testimony and establish a record, which record may be by electronic means as provided by Florida Rule of Judicial Administration 2.535(g)(3);
(3) accept voluntary acknowledgment of paternity and support liability and stipulated agreements setting the amount of support to be paid; and
(4) evaluate the evidence and promptly make a recommended order to the court. Such order shall set forth findings of fact.
(f) Entry of Order and Relief from Order. --Upon receipt of a recommended order, the court shall review the recommended order and shall enter an order promptly unless good cause appears to amend the order, conduct further proceedings, or refer the matter back to the hearing officer to conduct further proceedings. Any party affected by the order may move to vacate the order by filing a motion to vacate within 10 days from the date of entry. Any party may file a cross-motion to vacate within 5 days of service of a motion to vacate, provided, however, that the filing of a cross-motion to vacate shall not delay the hearing on the motion to vacate unless good cause is shown. A motion to vacate the order shall be heard within 10 days after the movant applies for hearing on the motion.
(g) Modification of Order. --Any party affected by the order may move to modify the order at any time.
(h) Record. --For the purpose of hearing on a motion to vacate, a record, substantially in conformity with this rule, shall be provided to the court by the party seeking review.
(1) The record shall consist of the court file, including the transcript of the proceedings before the hearing officer, if filed, and all depositions and evidence presented to the hearing officer.
(2) The transcript of all relevant proceedings shall be delivered to the judge and provided to opposing counsel not less than 48 hours before the hearing on the motion to vacate. If less than a full transcript of the proceedings taken before the hearing officer is ordered prepared by the moving party, that party shall promptly file a notice setting forth the portions of the transcript that have been ordered. The responding party shall be permitted to designate any additional portions of the transcript necessary to the adjudication of the issues raised in the motion to vacate or cross-motion to vacate.
(3) The cost of the original and all copies of the transcript of the proceedings shall be borne initially by the party seeking review, subject to appropriate assessment of suit monies. Should any portion of the transcript be required as a result of a designation filed by the responding party, the party making the designation shall bear the initial cost of the additional transcript.
HISTORY: Amended eff. Mar. 1, 1998 (713 So.2d 1); Feb. 1, 1999 (723 So.2d 208); Jan. 1, 2004 (853 So.2d 303); Oct. 16, 2008 (2008 Fla. Lexis 1975, 33 Fla. L. Weekly S 840); Jan. 1, 2009 (995 So.2d 470)
By Kenny Leigh
