Question: Whether an administrative support order may be modified by a circuit court when the parties to the administrative order where married at the time the support order was entered, the parties have subsequently filed for dissolution of marriage, and the same children whose support was ordered administratively are subject to the dissolution of marriage action.
Answer: Probably yes. Under Section 409.2563, Florida Statutes, the State of Florida may administratively establish child support, when one of the parents meets certain criteria. This order is established outside the judicial system by a hearing officer in an administrative proceeding. As such, circuit courts have no jurisdiction to modify these orders. Instead, administrative orders may only be vacated, modified, or terminated pursuant to the same administrative proceeding that established the order or the order may be vacated on appeal to the appellate court the covers the district the order was entered into. A circuit court may; however, supersede the administrative order by entering an order the prospectively changes the support order. Here, there is an ongoing dissolution of marriage proceeding between the parties in circuit court. Our petition asks for the court to enter a parenting plan and child support order. The order would supersede the administrative order, effectively modifying it. It is important to note that the circuit court could not order anything retroactively, as it would not have jurisdiction to do so. Out of an abundance of caution, it may be prudent to file an additional Motion for Superseding Support Order.
By Kenny Leigh