The Issue The issue in the case is whether, under the provisions of Section 409.25656, Florida Statutes, the Department of Revenue may apply bank account funds identified as belonging to Kim Sheldon towards an unpaid child support obligation.
Findings Of Fact By Final Judgment of Dissolution of Marriage dated August 9, 1995 (Case No. 95-742-CA-01, Fifth Judicial Circuit, Hernando County, Florida), Kim C. Meccariello was divorced from Dale W. Meccariello. Kim C. Meccariello subsequently remarried and is known as Kim C. Sheldon. As part of the settlement agreement in the 1995 divorce, Kim C. Sheldon (Petitioner) became obligated to pay monthly child support in the amount of $472.82. On November 1, 1999, the Department of Revenue (Department) became involved in this matter when the Petitioner's former husband apparently filed a "Request for Participation in Central Depository Program Pursuant to Florida Statute 61.13" seeking to have the Department collect unpaid child support on his behalf. By form letter dated December 1, 1999, the Department notified the supervisor of the Support Division, Hernando County that payments in the case should be redirected to the Department. The Petitioner asserts that she did not get a copy of this notice. The certificate of service indicates a copy was mailed to her. The Petitioner asserts that because she did not get the notice, the child support debt accounting fails to include payments made directly to her former husband, but has no documentation of the form or amount of such payments. There is no documentation that any direct payments were made. The evidence fails to establish that such direct payments occurred. Although the exact amount of unpaid child support owed by the Petitioner is disputed, the evidence clearly establishes that her unpaid child support debt clearly exceeds the amount of funds at issue in this proceeding. By Notice of Freeze dated July 7, 2000, the Department directed the MacDill Federal Credit Union to freeze the Petitioner's funds in the institution based on an unpaid child support obligation in the amount of $6,619.48. The Department subsequently received a letter on MacDill Federal Credit Union letterhead, dated July 11, 2000, and indicating that the Petitioner had two accounts at the institution: a savings account (#126552-01) containing $495.65; and a checking account (#126552-15) containing $1,123.42. By Notice of Intent to Levy dated July 14, 2000, the Department notified the Petitioner that the funds had been frozen and advised her of her right to challenge the action. The Petitioner requested a formal hearing. A letter from Strategic Outsourcing, Inc., dated July 18, 2000, states that the Petitioner's husband is an employee of Nicon, Inc., and that his wages are direct deposited into MacDill Federal Credit Union account #126522 on a weekly basis. Strategic Outsourcing, Inc., apparently handles payroll processing for Nicon, Inc. By Notice of Special Account release dated July 26, 2000, the Department notified the MacDill Federal Credit Union that all but $550.00 in the checking account (#126552-15) was released. The $495.65 in the savings account remained frozen. The total amount of currently frozen funds is $1,045.65. By Notice of Extension of Freeze dated July 27, 2000, the Department notified the MacDill Federal Credit Union that the Petitioner was challenging the Department's freeze and that the funds should remain frozen until the matter is resolved. The Petitioner and her current spouse are joint holders of the accounts at the MacDill Federal Credit Union. Because her husband did not have time to open the accounts, the Petitioner opened the accounts by herself, and her husband was added about a week later. The Department's decision to release the checking account funds (except for $550.00) was apparently based on conversations with the couple and upon receipt of the letter from Strategic Outsourcing, Inc. The funds were released based on the Department's determination that, other than $550.00, the checking account funds were directly attributable to the Petitioner's husband's income. The Department asserts that the currently frozen funds should be used to satisfy, in part, the Petitioner's unpaid child support obligation. The Petitioner asserts that since February 2000, she has been unemployed, that none of the funds in the accounts are attributable to her earnings, and that the funds should not be used to satisfy her unpaid child support obligation. According to the bank statement for the period March 1, 2000, to March 31, 2000, the balance in the checking account on March 1, 2000, was $862.10. There is no evidence that the March 1 balance did not include funds earned by and attributable to the Petitioner. According to account statements, a total of $2,170.97 in unidentified deposits were made to the account between March 1, 2000, and July 15, 2000, including a $958.97 cash deposit on April 24, 2000, a $162.00 cash deposit on May 8, 2000, a $500.00 check deposit on June 8, 2000, and a $550 deposit of unidentified type on July 3, 2000. At the hearing, the Petitioner and her husband testified that deposits into the checking account not directly attributable to his income were made by grown children residing at home and contributing towards household expenses which were allegedly paid from the husband's income. Other deposits were claimed to be small loans or gifts from family members. There was no documentation offered at the hearing to support the testimony. None of the children or relatives testified at the hearing. The evidence fails to establish that the deposits in the joint account came from adult children or other relatives. According to the bank statement for the period April 1, 2000, to April 30, 2000, a deposit on April 21, 2000, of $627.00 described as "US TREASURY 220" was a tax refund. The Petitioner's husband asserted that based on income, the refund was "90 percent" attributable to him. There was no documentation offered at the hearing to support the testimony. The evidence fails to establish that the tax refund deposited into the joint account is not attributable to the Petitioner.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Department of Revenue issue a FINAL ORDER directing that $1,045.65 currently held at the MacDill Federal Credit Union be applied towards meeting the Petitioner's unpaid child support obligation. DONE AND ENTERED this 20th day of April, 2001, in Tallahassee, Leon County, Florida. WILLIAM F. QUATTLEBAUM Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 20th day of April, 2001. COPIES FURNISHED: Manuel V. Fajardo, Esquire 610 West Azeele Street Tampa, Florida 33606 Albert Thorburn, Esquire Florida Department of Revenue Post Office Box 8030 4070 Esplanade Way Tallahassee, Florida 32314-8030 Linda Lettera, General Counsel Department of Revenue 204 Carlton Building Tallahassee, Florida 32399-0100 James Zingale, Executive Director Department of Revenue 104 Carlton Building Tallahassee, Florida 32399-0100
Findings Of Fact On September 16, 1981, the Circuit Court, Fourth Judicial Circuit, In And For Duval County, Florida, upon a Petition For Modification of the Final Judgment of Paternity, entered a Consent Order For Support requiring the Petitioner in this cause to pay Fifteen and No/100 Dollars ($15.00) per week as and for child support and assigning said support payments to the Respondent in this cause until such time as the child involved in the paternity suit no longer received assistance from the State of Florida. At the time Respondent caused Petitioner's Federal Income Tax Refund to be intercepted, the Petitioner was in arrears in the sum of Two Thousand Seven Hundred Ninety and 17/100 Dollars ($2,790.17) on child support payments assigned to the Respondent under the order referred to in paragraph 1 above. Petitioner's Federal Income Tax Refund in the amount of Eight Hundred Twenty Eight and No/100 Dollars ($828.00) has been intercepted and is in the possession of the Respondent.
Recommendation Having considered the foregoing Findings of Fact and Conclusions of Law, it is, therefore, RECOMMENDED that Respondent, Department of Health and Rehabilitative Services, enter a Final Order providing for the Petitioner's income tax refund in the amount of Eight Hundred Twenty Eight and No/100 Dollars ($828.00) be applied against his debt to the State of Florida for past due child support. Respectfully submitted and entered this 22nd day of April, 1988, in Tallahassee, Florida, Leon County, Florida. WILLIAM R. CAVE Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of April, 1988. COPIES FURNISHED: Gregory Alan Mitchell 439 Woodbine Street Jacksonville, Florida 32206 R. Craig Hemphill, P.A. 331 East Union Street, Suite 1 Jacksonville, Florida 32202 Frederick J. Simpson, Esquire Dept. of HRS Post Office Box 2417 Jacksonville, Florida 32231 Gregory L. Coler, Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-0700 Sam Power, Clerk Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-0700
Findings Of Fact In 1968, Petitioner's marriage to Judith Marie Youmans was dissolved by the Circuit Court in Duval County, Jacksonville, Florida. One child, D. R. Y. was born of the marriage. Custody of D. R. Y. was given to Petitioner's ex- wife. However, except for a few months, D. R. Y. was in the actual custody of her father until she reached the age of majority in 1982. Petitioner's ex-wife never paid any child support to Respondent for his custody of D. R. Y. Petitioner never had the final divorce decree modified to reflect D. R. Y.'s custody arrangement or to seek an award of child support for his custody of D. R. Y. The Department of Health and Rehabilitative Services is not seeking child support enforcement in reference to D. R. Y. From 1968 until about 1977, Petitioner maintained an on again-off again relationship with his ex-wife. They never remarried. However, by 1977, Petitioner had fathered two children with his ex-wife, who are the subject of this action. C. D. Y., Jr., was born July 29, 1971, and M. S. Y. was born August 15, 1973. In 1977, Petitioner's ex-wife filed a paternity action against Petitioner alleging that the two boys were his children. Petitioner made an appearance in the paternity action and reached an agreement with his ex-wife regarding the paternity of the two boys and how much child support he would pay until they reached the age of majority. A final judgment incorporating the agreement between the parties was entered by the Circuit Court in Duval County, Jacksonville, Florida, on January 28, 1977. Petitioner states that he was never served with the 1977 paternity suit papers or the final judgment entered in the action. Petitioner testified that he was not aware that a final judgment had been entered awarding his ex-wife $15.00 per week per child until a few months before HRS became involved in the tax intercept under consideration here. However, Petitioner made two of the agreed to child support payments in February, 1977, after his attorney had advised him to do so. After the first two payments, Petitioner ceased making the $15.00 per child per week payments and has not made any child support payments to his ex-wife or to the Clerk's Office since February 4, 1977. Petitioner has, therefore, accumulated an alleged arrearage of child support for C. D. Y. and M. S. Y. in the amount of $16,35.00 through July 1987. Prior to HRS's involvement in the case in 1986, Petitioner's ex-wife neither asked for nor received any child support from Petitioner, except for the few payments made in 1977. She did not try to enforce the paternity settlement agreement until September 12, 1986, when she asked for HRS's help. Apparently, the reason she went to HRS was to attempt to collect the child support. She has not received any "public assistance" such as AFDC money from HRS and apparently is not asking for such aid. HRS has not obtained a court order finding Petitioner to be delinquent and no such order has been previously entered. Petitioner has, therefore, never been afforded an opportunity to raise his defenses to any alleged arrearage or non payment of support before the circuit court. Petitioner felt very strongly that he should not have to pay child support since his ex-wife did not perform her part of the agreement regarding her visitation. He testified that he attempted to visit the two boys on several occasions, but was usually frustrated in his attempts. The last time he attempted to visit the two boys was several years ago when he was met at the door by his ex-father-in-law who was pointing a shot gun at Petitioner and told him to leave. After the shot gun incident, Petitioner did not feel it to be in his best interest to attempt to see the boys anymore. Petitioner also maintained that he should not have to pay child support because she would not raise the boys correctly throughout the time period involved in this case. In essence, he left her because she would not give up certain drugs and he did not want to be living in such an environment nor did he want his boys to be living in such an environment. However, his ex-wife felt otherwise and didn't mind her children being raised around drugs. Petitioner felt that his ex-wife's involvement of HRS to collect child support was simply a tactic on her part to harass him and otherwise be mean. Petitioner also felt that he should have been paid child support for his custody of D. R. Y. who had refused to live with her mother. Petitioner felt that he should at least receive recognition of the fact that he did not receive any such support and be credited with the amount he should have been paid, i.e. $15.00 per week.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law it is RECOMMENDED: That the Department of Health and Rehabilitative Services enter a Final Order in this case to the effect that the Department is not entitled to intercept Charles D. Youmans' federal tax refund unless and until Youmans is adjudicated delinquent by a circuit court in the periodic court ordered payment, and to the further effect that any federal tax refund which may already have been intercepted shall be returned to Youmans. DONE and ENTERED this 29th day of August, 1988, in Tallahassee, Florida. DIANE CLEAVINGER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 29th day of August, 1988. APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-2365 Petitioner's factual allegations contained in paragraph 1 of his letter are immaterial. Petitioner factual allegations contained in paragraph 2 are irrelevant. The factual allegation in the 1st sentence of paragraph 3 was not shown by the evidence. The rest of paragraph 3 is adopted. Paragraph 4, 5 and 7 are subordinate. Paragraph 6 is not shown by the evidence. Paragraph 8 discusses evidence not presented at the final hearing and is inadmissible. Paragraph 9 is irrelevant. COPIES FURNISHED: Charles D. Youmans, pro se Route 5, Box 44 Brunswick, Georgia 31520 Warren J. Schulman SCHULMAN, HOWARD & HEMPHILL, P.A. 331 East Union Street, Suite 1 Jacksonville, Florida 32202 Sam Power, HRS Clerk Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-0700 Gregory L. Coler, Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-0700 Tom Batchelor Staff Attorney House HRS Committee The Capitol Tallahassee, Florida 32399-1300 =================================================================
The Issue The issue in this proceeding is whether Respondents should use Petitioner's entire lottery prize of $2,008.00 to pay a delinquent child support obligation of $2,371.68, pursuant to Section 24.115(4), Florida Statutes (1997). (All chapter and section references are to Florida Statutes (1997) unless otherwise stated.)
Findings Of Fact Petitioner has failed to comply with a previous court order compelling her to pay child support. On February 1, 1999, the Circuit Court, Thirteenth Judicial Circuit, in and for Hillsborough County, Florida, in Case No. 93-12473, denied a motion to hold Petitioner in contempt of court. The Court did not hold Petitioner in contempt due to a claimed disability. The Court could not find that she had the ability to pay the child support obligation. The Court gave Petitioner thirty days to provide verification of disability and an inability to work. However, the court did not waive or extinguish the arrearage for child support. The Court ordered that any and all other terms and provisions which were previously ordered and not specifically addressed in the Order Denying a Motion for Contempt remained in full force and effect until further order of the Court. The previous order establishing the arrearage for child support was not nullified by the court. Petitioner still owes an arrearage for child support of $2,371.68 as of June 9, 1998. Petitioner failed to show in this proceeding that she had satisfied the arrearage. At previous circuit court hearings on August 12, 1998, and January 20, 1999, Petitioner failed to persuade the court that she had satisfied her obligation for delinquent child support. The August 12, 1998, hearing resulted in an Order on August 27, 1998, requiring Petitioner to pay $150.00 per month toward delinquent child support totaling $2,371.68 as of June 9, 1998. The January 20, 1999, hearing resulted in the Court's withholding a citation of contempt but requiring Petitioner to provide verification of disability and verification of inability to work, within 30 days from the date of the Order. The undersigned allowed Petitioner additional time to submit a late-filed exhibit consisting of an Order of the Circuit Court extinquishing Petitioner's obligation for delinquent child support. Petitioner has failed to timely file the late-filed exhibit and has not requested an extension of time in which to file the late-filed exhibit.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law reached, it is RECOMMENDED: That DOR enter a final order withholding all of Petitioner's lottery prize. DONE AND ENTERED this 4th day of May, 1999, in Tallahassee, Leon County, Florida. DANIEL MANRY Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 4th day of May, 1999. COPIES FURNISHED: Delores M. Terrell 4810 Clewis Avenue, Apartment B Tampa, Florida 33063 Chriss Walker, Esquire Department of Revenue Child Support Enforcement Post Office Box 8030 Tallahassee, Florida 32314-8030 Louisa Warren, Esquire Department of Lottery 250 Marriott Drive Tallahassee, Florida 32399 Linda Lettera, General Counsel Department of Revenue 204 Carlton Building Tallahassee, Florida 32399-0100 Larry Fuchs, Executive Director Department of Revenue 104 Carlton Building Tallahassee, Florida 32399-0100 Sue M. Cobb, Interim Secretary Department of Lottery 250 Marriott Drive Tallahassee, Florida 32301 Ken Hart, General Counsel Department of Lottery 250 Marriott Drive Tallahassee, Florida 32301
The Issue The issue in this case is whether Petitioner has an outstanding arrearage for child support and, if so, whether the Department of Revenue is authorized to retain and apply the Petitioner’s $1,471.00 lottery prize to reduce an outstanding arrearage for child support.
Findings Of Fact On November 22, 1995, Petitioner, James Earl Pickett, was ordered to pay monthly ongoing child support of $175.00 per month, $5.25 clerk’s fee, $29.00 per month for retroactive support arrears of $7,395.00 and $5.25 clerk’s fee for a total monthly child support obligation of $179.00 per month. On or about February 8, 2002, Petitioner entered into a Stipulation for Increased Pay Back on Arrears (Stipulation) with the Department, acting on behalf of Delores Griffin-Pickett.1 The Stipulation provided in part the following: I, James E. Pickett, do swear that I am the Respondent in this cause, and recognize my obligation to provide support for the dependent(s) named. * * * I swear that I am the natural father of the above-child(ren) * * * I agree to payment of the following amounts: $145.00 per month as current support $50.00 toward arrears of $8357.25 as of 02/07/2002 * * * for a TOTAL PAYMENT OF $195.00 per month, commencing next charge date. All payments shall be made payable to the State of Florida Disbursement Unit . . . Tallahassee, Fl 32314-8500. * * * I agree that this Court shall reserve Jurisdiction over arrears due and owing, if any. I agree to entry of an Income Deduction Order effective immediately. I understand it is my obligation to pay child support when it is not being deducted from my pay check. . . . * * * I have executed this Stipulation FREELY AND VOLUNTARILY, and with full knowledge of its contents. By executing the Stipulation described and quoted in paragraph 3 above, Mr. Pickett agreed to the terms and conditions therein. The Stipulation was approved and adopted in an Order issued on March 11, 2002, by the Circuit Court of the Thirteenth Judicial Circuit of Florida in and for Hillsborough County, in State of Florida, in the case of Department of Revenue, on behalf of Delores Griffin-Pickett v. James E. Pickett, Civil Circuit Number 95-9901. In adopting the Stipulation, the Order provided that "Respondent shall pay $145.00 monthly as current support, plus $50.00 monthly towards arrears of $8,357.25 as of 2/7/02, for a total payment of $195.00 monthly, commencing the next charge date." On December 11, 2002, Mr. Pickett and the Department executed a Stipulation and Final Order Approving Stipulation on Suspension of Driver License and/or Motor Vehicle Registration (Stipulation on Suspension of Driver License). Pursuant to the Stipulation on Suspension of Driver License, Mr. Pickett: agreed that, as of December 11, 2002, there was a delinquency in the child support obligation of $1,255.00 and a total past due balance of $8,416.29; and (2) agreed to make lump sum payment of $300.00 toward the child support obligation on or before December 11, 2002. According to a notation next to this provision, Petitioner paid this $300.00 on December 11, 2002. The Stipulation on Suspension of Driver License also provides that Respondent agrees and understands that the periodic child support obligation is $145.00 per month, as on-going child support, plus $60.00 per month, toward the past due balance until paid in full, for a total periodic payment of $205.00 per month, with such payments to begin on January 1, 2003. In addition to the foregoing, Mr. Pickett agreed to pay administrative and court costs of $258.00 within 365 days.2 The Stipulation on Suspension of Driver License provides that "[t]he parties agree that this stipulation may be entered into evidence in a court of competent jurisdiction and shall be binding on the parties." Furthermore, pursuant to the terms of that stipulation, "[a]ll conditions and terms of the previous court orders not changed by this agreement remain in full effect." The Stipulation on Suspension of Driver License provides that Mr. Pickett "executes this Stipulation [on Suspension of Driver License] freely and voluntarily, and with full knowledge of its contents. At this proceeding, Mr. Pickett testified that he executed the Stipulation on Suspension of Driver License in order to retain his driver’s license.3 However, notwithstanding his reason for signing the Stipulation on Suspension of Driver License, Mr. Pickett never denied that he was obligated to pay child support, that he was delinquent in that child support obligation, and that there was a past due balance of the child support obligation. Moreover, at this proceeding, Mr. Pickett presented no evidence that he had paid the child support and the past due child support obligation as reflected in the Stipulation on Suspension of Driver License. By executing the Stipulation on Suspension of Driver License, Mr. Pickett agreed to the terms and conditions set forth therein. The Stipulation on Suspension of Driver License was approved and adopted in an Order Approving Stipulation [Order] entered on December 29, 2002. See State of Florida, Department of Revenue, on behalf of Delores Griffin-Pickett, vs. James E. Pickett, Circuit Civil Number 95-9901, in the Thirteenth Judicial Circuit of the State of Florida in and for Hillsborough County. The Order specifically found that Mr. Pickett freely and voluntarily entered into the Stipulation on Suspension of Driver License. Additionally, the Order adopted and incorporated the Stipulation on Suspension of Driver License. In connection with the Order entered December 29, 2002, the court also entered an Income Deduction Order directing present and subsequent employer/payers. One provision of the Income Deduction Order requires employers/payers "to deduct 100% of any income paid in the form of a bonus other similar one-time payment, up to the amount of arrearage reported in the income deduction notice or the remaining balance thereof and forward to the court depository." On October 23, 2006, the Clerk of the Circuit Court of Hillsborough County prepared and issued an Arrearage Affidavit (Affidavit) in Case No. 95-9901. The Affidavit noted that as of the date of the Affidavit, Mr. Picket had remaining established arrears for child support of $7,416.54. As of the date of the final hearing, Petitioner's outstanding arrearage for child support was $7,416.54. Mr. Pickett appeared at this proceeding. However, he did not present any evidence to establish that he does not owe the outstanding arrearage, as alleged by the Department, or that he has paid the outstanding arrearage for child support. Instead, Mr. Pickett argued that he was unaware of the Order issued on March 11, 2002, and the Order issued on December 29, 2002, requiring him to make the payments discussed in the above findings. At the time of this proceeding, and at all times relevant to this proceeding, Mr. Pickett has resided at 2721 North 46th Street in Tampa, Florida.4 This is the address that is listed on the Stipulation, the Stipulation on the Suspension of Driver license, and the Orders related thereto, and discussed above. Moreover, both the Order issued March 11. 2002, and the Order Approving Stipulation entered December 29, 2002, show that copies of those orders were furnished to Mr. Pickett at 2721 North 46th Street in Tampa, Florida.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Revenue enter a final order that authorizes it to retain Petitioner's lottery prize of $1,471.00 and apply that total amount to reduce Petitioner's accrued child support arrearage of $7,416.54 . DONE AND ENTERED this 3rd day of Januuary, 2007, in Tallahassee, Leon County, Florida. S CAROLYN S. HOLIFIELD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 3rd day of January, 2007.
The Issue The issue for consideration in this matter is whether the Department of Revenue should retain Petitioner's lottery winnings in the amount of $1,033.01 because of his obligation to pay child support as ordered by a court of record.
Findings Of Fact By Final Judgement of Paternity dated September 13, 1994, J. Tim Strickland, Circuit Judge for the 10th Judicial Circuit in Polk County, ordered Petitioner, inter alia, to pay child support and retroactive child support to the State of Florida for the dependent child of which Petitioner was adjudged the father, in the amount of $25.00 per week in future child support, and $5.00 per week in retroactive child support until the sum of $5,007.00 has been paid in full. Petitioner thereafter arranged for the payments required as to both future child support and the retroactive child support to be deducted out of his earnings or unemployment compensation payments when he was unemployed. The Department of Revenue agrees that all periodic payments required by the court order have been paid timely. On May 4, 1996, Petitioner purchased a lottery ticket from an agent of the Florida Lottery. One of the number series he purchased on May 4 was a partial winner and Petitioner was entitled to receive the sum of $1,033.00. On May 5, 1996, Petitioner submitted a winner claim form to claim the $1,033.00. Before any money was paid to the Petitioner, however, consistent with the pertinent provisions of the Florida Statutes, the Department of Lottery transmitted the Petitioner's prize money to the Department of Banking and Finance so that any debts due the state by the winner, or unpaid court-ordered child support could be identified and prize money withheld to satisfy all or a part of such claim. Consistent with established procedure, the Department of Revenue informed the Department of Banking and Finance that Petitioner owed $4,305.01 in unpaid retroactive child support assessed by the Circuit Court in May, 1994. Since the amount the Department of Revenue claimed was owing exceeded the amount of Petitioner's prize of $1,033.00, the Department of Banking and Finance advised Petitioner it intended to apply the entire prize amount to the unpaid retroactive child support. Petitioner protests, claiming that since he is fully in compliance with the terms of the Final Judgement of Paternity, and none of the required weekly payments is delinquent, he is not indebted and the state has no basis to withhold his prize.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that a Final Order be issued providing for payment of the $1, 033.00 prize attributable to the ticket held by Petitioner Gary Roberts, to the Department of Revenue on behalf of his minor child. DONE and ENTERED this 23rd day of September, 1996, in Tallahassee, Florida. ARNOLD H. POLLOCK, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of September, 1996. COPIES FURNISHED: Gary Roberts 527 6th Street Northeast Ft. Meade, Florida 33841 Chriss Walker, Esquire Department of Revenue Post Office Box 8030 Tallahassee, Florida 32314-8030 Ellen C. Marino, Esquire Department of Banking and Finance The Capitol, Suite 1302 Tallahassee, Florida 32399-0350 Louisa H. Warren, Esquire Department of the Lottery 250 Marriott Drive Tallahassee, Florida 32399 Hon. Robert F. Milligan Comptroller, State of Florida The Capitol, Plaza Level Tallahassee, Florida 32399-0350 Harry Hooper General Counsel The Capitol, Room 1302 Tallahassee, Florida 32399-0350 Linda Lettera General Counsel Department of Revenue 204 Carlton Building Tallahassee, Florida 32399-0100 Larry Fuchs Executive Director Department of Revenue 104 Carlton Building Tallahassee, Florida 32399-0100 Dr. Marcia Mann, Secretary Department of Lottery 250 Marriott Drive Tallahassee, Florida 32301 Ken Hart General Counsel Department of Lottery 250 Marriott Drive Tallahassee, Florida 32301
The Issue Is it appropriate for Respondent, Department of Revenue, Child Support Enforcement Program, to garnish funds for past due child support reduced to judgment from a joint account pursuant to Section 409.25656, Florida Statutes (2001)?1
Findings Of Fact On December 20, 1985, an Order of Support was issued in Derrick v. Wright in the Hillsborough County Circuit Court; pursuant to this Order, Petitioner was ordered to pay $25.00 per week for the current support of his minor child, Mesheal Lee Wright, born on April 20, 1983, commencing December 16, 1985. On February 10, 1995, a Recommendation of Hearing Officer and a Findings of Fact and Order on Motion for Contempt in Derrick v. Wright were filed in the Hillsborough County Circuit Court, which adjudicated Petitioner’s child support arrearage in the case to be $10,639.02 as of October 7, 1994. On May 11, 1995, a General Findings and Order of Arrest Instanter in Derrick v. Wright was filed in the Hillsborough County Circuit Court, which adjudicated Petitioner’s child support arrearage in the case to be $9,463.02 as of December 31, 1994. On or about May 13, 2002, a Recommendation of Hearing Officer and a Findings and Establishing Arrears in Derrick v. Wright were filed in the Hillsborough County Circuit Court, which adjudicated Petitioner’s child support arrearage in the case to be $16,121.06 as of April 9, 2002, and ordered Petitioner to pay $167.00 per month in liquidation of his arrearage, commencing May 1, 2002. All the arrearage was owed by Petitioner to the custodial parent of the minor child; none of the arrearage was owed to the state. On October 15, 2001, Respondent mailed a Notice of Freeze in an amount up to $16,121.06 to Suncoast by certified mail, return receipt requested, regarding any accounts of Petitioner with the credit union; Suncoast received the Notice of Freeze on October 18, 2001. Suncoast confirmed a freeze on Petitioner’s joint account in the amount of $5,573.95 as of October 18, 2001. The signature card, produced as an exhibit by the Respondent, stipulated that the account was owned as a joint tenancy with right of survivorship by Petitioner and a non- obligor joint account holder, Petitioner's sister. On October 22, 2001, Respondent mailed a Notice of Intent to Levy in an amount up to $16,121.06 to Petitioner by certified mail, return receipt requested; the Notice of Intent to Levy was received and signed for at the Florida State Hospital, Chattahoochee, Florida, on October 23, 2001. The Notice of Intent to Levy advised that a non- obligor joint owner, who claimed to have an equal right to all of the money levied upon in a joint account, had a right to contest Respondent’s action. The non-obligor joint account holder did not file a petition to contest the levy nor did she appear at the final hearing. On or about November 5, 2001, Petitioner filed a Petition-Disputed Issues of Material Fact with Respondent. Respondent sent a Notice of Extension of Freeze in an amount up to $16,121.06 to Suncoast on November 9, 2001. Pursuant to the official records of the Hillsborough County Circuit Court in Derrick v. Wright, Petitioner’s child support arrearage was $16,121.06 as of November 21, 2003. Petitioner and his sister, Sandra W. Russaw, opened a joint account with survivorship rights at Suncoast on November 21, 1997. The Suncoast account had balances of less than $100.00 for 12 of the first 25 months it was open including the five months immediately preceding January 20, 2000, when $3,900.00 was deposited in the account. On December 27, 1999, Petitioner had $3,655.00 deposited in a Resident Trust Account he maintained at the Florida State Hospital, Chattahoochee, Florida. These funds, which were deposited by the U.S. Treasury, were followed by a deposit of $749.00 from the same source. These funds were initial payments to Petitioner for Veteran's Administration benefits. On January 14, 2000, $4,200.00 was withdrawn in the form of a check from Petitioner's Resident Trust Account at the Florida State Hospital. On January 20, 2000, $3,900.00 was deposited in the Suncoast account. Over the next 23 months, from January 20, 2000, to November 31, 2001, $20,538.00 directly attributable to Petitioner was deposited in the Suncoast account. The money was from Veteran's Administration benefits paid to Petitioner by direct deposit. Not surprisingly, upon notification of the Notice of Freeze the monthly checks from the Veteran's Administration stopped being deposited in Petitioner's Suncoast account. On March 8, 2000, $5,000.00 was withdrawn from the Suncoast account, and on July 10 and 20, 2000, $4,990.00 was deposited in the same account. With the exception of the July 2000 deposits, only $1,490.00 in deposits to the Suncoast account are not directly attributable to Petitioner.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that Respondent enter a final order that: (1) levies upon the funds in Petitioner’s credit union account with Suncoast Schools Federal Credit Union, Tampa, Florida, up to the amount of unpaid child support as of November 21, 2003, i.e., $16,121.06, or to the full amount frozen, whichever is less; (2) applies the funds levied to satisfy all or part of Petitioner’s past due child support obligation; and (3) credits Petitioner for the amount so applied. DONE AND ENTERED this 22nd day of January, 2004, in Tallahassee, Leon County, Florida. S JEFF B. CLARK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 22nd day of January, 2004.
The Issue The issues are whether Petitioner is delinquent in his child support payments; and if so, whether Respondent may levy the funds from Petitioner's bank account pursuant to Section 409.25656, Florida Statutes.
Findings Of Fact It is undisputed that Petitioner's child support obligation is ongoing. He admits that his overall monthly obligation is $312.00. As of October 24, 2001, Petitioner's was in arrears on his child support obligation in excess of $53.03. Petitioner has not made any payments toward his child support obligation since September 2000. On March 20, 2001, Respondent issued a Notice of Freeze. This notice advised Tampa Bay Federal Credit Union that Petitioner had a past-due and/or overdue child support obligation and that any funds held by Tampa Bay Federal Credit Union in Petitioner's name were frozen pursuant to Section 409.25656, Florida Statutes. At that time, Petitioner had funds in the amount of $53.03 in an account at Tampa Bay Federal Credit Union. On March 27, 2001, Respondent issued a Notice of Intent to Levy. This notice advised Petitioner that Respondent intended to levy on the $53.03 in Petitioner's account with Tampa Bay Federal Credit Union. According to the notice, Respondent intended to take the funds due to Petitioner's non- payment of child support. During the hearing, Petitioner stated that he did not object to Respondent's action to levy on the funds held by Tampa Bay Federal Credit Union. Accordingly, there are no disputed issues of material fact.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is ORDERED: That Respondent enter a final order directing that $53.03 currently held at Tampa Bay Federal Credit Union be applied towards meeting the Petitioner's unpaid child support obligation. DONE AND ENTERED this 13th day of December, 2001, in Tallahassee, Leon County, Florida. SUZANNE F. HOOD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 13th day of December, 2001. COPIES FURNISHED: Michael A. Chang, DC #T18277 Gulf Forestry Camp 699 Ike Steele Road Wewahitchka, Florida 32465 Scott Edmonds, Esquire Department of Revenue Post Office Box 8030 Tallahassee, Florida 32314 Bruce Hoffmann, General Counsel Department of Revenue 204 Carlton Building Tallahassee, Florida 32399-0100 James Zingale, Executive Director Department of Revenue 104 Carlton Building Tallahassee, Florida 32399-0100
The Issue The issues in this proceeding are: What is the amount of child support arrearages and/or past-due support presently owed by Petitioner? Whether the Department of Revenue, Child Support Enforcement Program is authorized to employ the remedy of garnishment as set forth in Section 409.25656, Florida Statutes.
Findings Of Fact Stipulated Facts On January 29, 1982, a Final Judgment was issued in the case of Linda Tillman v. Robert C. Tillman, Case No. 81-20402, in the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida (Broward County Circuit Court). Pursuant to this Final Judgment, Petitioner, Robert C. Tillman, was ordered to pay $103.00 per week in current child support commencing January 22, 1982, for three minor children. On June 12, 1985, the Broward County Circuit Court issued an Order to Transfer in Linda Tillman v. Robert C. Tillman, Case No. 81-20402, to Palm Beach County, Florida. On August 18, 1987, an Order Granting Respondent's Motion for a Decrease in Child Support was filed in the case of Linda Tillman and the Department of Health and Rehabilitative Services v. Robert Tillman, (hereinafter Tillman v. Tillman) Case No. 85-5064, in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County (Palm Beach County Circuit Court), under which Petitioner's current child support obligation was reduced to $65.00 per week because one of the parties' children had come to live with Petitioner. Additionally, child support arrearages of $4,121.64 were established and Petitioner was ordered to pay an additional $10.00 per week in liquidation of the arrearages. On July 20, 1990, an Order Adjudicating Respondent in Contempt was filed in the Palm Beach Circuit Court in Tillman v. Tillman, under which Petitioner was found in civil contempt of court for willfully failing to satisfy his child support obligations. Petitioner's child support arrearages were determined to be $3,935.42 as of May 10, 1990, and he was ordered to continue to pay $65.00 per week in current child support and increased arrearages payments of $15.00 per week. On March 11, 1993, an Order Adjudicating Respondent in Contempt was filed in the Palm Beach Circuit Court in Tillman v. Tillman under which Petitioner again was found in civil contempt of court for willfully failing to satisfy his child support obligations. Petitioner's child support arrearages were determined to be $5,102.59 as of February 18, 1993, and he was ordered to continue to pay $65.00 per week in current child support, increased arrearages payments of $35.00 per week, and $500.00 as a partial lump-sum payment on arrearages to purge his contempt. On November 6, 1995, an Order Adjudicating Respondent in Contempt was filed in the Palm Beach Circuit Court in Tillman v. Tillman under which Petitioner again was found in civil contempt of court for willfully failing to satisfy his child support obligations. Petitioner's child support arrearages were determined to be $8,298.93 as of October 17, 1995. He was ordered to continue to pay $65.00 per week in current child support and $10.00 per week plus a $150.00 lump-sum payment on arrearages to purge his contempt. On March 19, 1996, an Order Adjudicating Respondent in Contempt was filed in the Palm Beach Circuit Court in Tillman v. Tillman under which Petitioner again was found in civil contempt of court for willfully failing to satisfy his child support obligations. Petitioner's child support arrearages were determined to be $8,829.74 as of May 25, 1995. He was ordered to continue to pay $65.00 per week in current child support and $20.00 per week plus a $500.00 partial lump-sum payment on arrearages to purge his contempt. On August 8, 2001, the Department mailed a Notice of Freeze (NOF) in an amount up to $2,254.96 to the South Atlantic Federal Credit Union in Boca Raton, Florida, by certified mail, return receipt requested, regarding any accounts of Petitioner. The credit union received the NOF on August 10, 2001. On August 15, 2001, the Department mailed a Notice of Intent to Levy (NOIL) in an amount up to $2,254.96 to Petitioner by certified mail, return receipt requested. Petitioner received the NOIL on August 18, 2001. The NOF and NOIL mailed by the Department satisfied the statutory notice requirements of Section 409.25656, Florida Statutes. Petitioner filed a Request for Administrative Hearing dated August 30, 2001, which was received by the Department on September 18, 2001. The Department sent a Notice of Extension of Freeze (NOEOF) in an amount of up to $2,254.96 to South Atlantic Federal Credit Union on September 12, 2001. The Department dismissed Petitioner's August 30, 2001, Request for Administrative Hearing as legally insufficient. Petitioner filed a timely and legally sufficient Revised Petition for Hearing dated January 7, 2002, which was received by the Department on January 16, 2002. On June 10, 2002, a Recommendation of Hearing Officer and an Order Granting Motion to Correct Ledger and to Determine Arrears were filed in the Palm Beach Circuit Court in Tillman v. Tillman, under which Petitioner's child support arrearages were determined to be $6,344.12, all of which was past due as of May 15, 2002. Petitioner was ordered to pay $50.00 per month in liquidation of his arrearages. The official payment records of the Palm Beach County Clerk of Court established that Petitioner owed child support arrearages/past-due child support in Tillman v. Tillman of $6,194.12 as of November 25, 2002. The Department faxed and mailed by certified mail, return receipt requested, an Amended Notice of Freeze (Amended NOF) in an amount up to $6,094.12 to South Atlantic Federal Credit Union on October 16, 2002. The credit union received the Amended NOF on October 18, 2002. The Department faxed an Amended NOIL to Petitioner in an amount up to $6,094.12 on October 18, 2002, and mailed a copy to Petitioner on October 19, 2002.2/ The Department faxed and mailed an Amended Notice of Extension of Freeze (Amended NOEOF) in an amount up to $6,094.12 to South Atlantic Federal Credit Union on December 20, 2002. Facts Based Upon the Evidence of Record Petitioner made five timely monthly payments of $50.00 in Tillman v. Tillman between May 15, 2002, and November 25, 2002. Petitioner made two more timely monthly payments of $50.00 between November 25, 2002 and January 17, 2003, reducing the amount he owed in child support arrearages/past-due in Tillman v. Tillman to $6,094.12 as of January 17, 2003.
Recommendation Based upon the Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the Department of Revenue, Child Support Enforcement Program enter a final order that levies upon the funds in the Petitioner's credit union account up to the amount of $6,094.12; applies the funds to reduce Petitioner's accrued child support arrearage; and credits Petitioner for the amount so applied. DONE AND ENTERED this 27th day of February, 2003, in Tallahassee, Leon County, Florida. BARBARA J. STAROS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 27th day of February, 2003.
The Issue The issues for determination are: (1) whether Petitioner is delinquent in child support payments; and (2) whether Respondent is authorized to levy Petitioner's two bank accounts and apply the funds to reduce Petitioner's past due child support obligation.
Findings Of Fact Based on the evidence and testimony of the witnesses presented and the entire record in this proceeding, the following Findings of Fact are made: Petitioner is the father of a child born in Connecticut in 1986. On May 2, 1990, a Connecticut court ordered Petitioner to pay child support of $72.00 per week for the support of his child. The court also found that Petitioner had a child support arrearage of $3,797.11 and ordered that he pay an additional $15.00 per week to reduce the arrearage. Petitioner moved to Florida in early 1994. On November 13, 2001, the Clerk of the Circuit Court of Manatee County, Florida, received a request from the State of Connecticut to register and enforce a foreign support order against Petitioner. The adjudicated arrearage in child support was $25,179.87, as determined by the State of Connecticut. On December 11, 2001, Petitioner was sent a Notice of Registration of Foreign Support Order. The notice, sent by certified mail, was received at Petitioner's then current residence address. On January 23, 2002, an Order Confirming Registration of Foreign Support Order was entered; Petitioner was ordered to pay $90.48 per week beginning January 25, 2002. On July 12, 2007, the State of Connecticut certified that as of July 12, 2007, Petitioner had a $23,853.56 child support arrearage. Petitioner stipulated that the child support arrearage was at least $23,000.00. On September 8, 2006, the Department sent a Notice to Freeze to the Bank of America; on the same day a Notice of Freeze was sent to Regions Bank. In the notices, sent by certified mail, the Department advised the banks to hold up to $25,725.26 of Petitioner's funds until further notice. Bank of America responded indicating that Petitioner had $1,270.95 in his account; Regions Bank reported $591.42. On September 15, 2006, the Department sent two Notices of Intent to Levy by certified mail to Petitioner. The notices provided, in pertinent part, the following: You are hereby notified that pursuant to Section 409.25656, Florida Statutes, the Department of Revenue intends to levy on credits or personal property belonging to the obligor named above [Petitioner], or debts owed to the obligor. This property consists of liquid assets and is in the control of [appropriate bank]. This action is taken for nonpayment of child support by the obligor in the amount of $25,725.26 as of [appropriate date]. You are hereby notified that you may contest the agency's action to levy on the above referenced property. You may do so by either filing a petition in the existing Circuit Court case, . . . or by requesting an administrative hearing. If you wish to request an administrative hearing, you must file your petition for hearing, in writing, in accordance with the Notice of Rights attached to this Notice. Although Petitioner testified that he did not receive the notices, neither was returned by the postal service. On October 2, 2006, Petitioner filed a Petition for Administrative Hearing (Petition), in response to each Notice of Intent to Levy. In October 2006, the Department issued and sent Notices of Extension of Freeze to each bank indicating that Petitioner was challenging the Notices of Intent to Levy. The monies on deposit in each bank were the result of payments received by Petitioner for his labors as a lawn caretaker.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent, Department of Revenue, enter a final order that: (1) levies an amount up to $23,853.56 in each of the Petitioner, Michael K. Dugdale's, two bank accounts at Bank of America, N.A. and Regions Bank; (2) applies the funds to reduce Petitioner's past due child support obligation; and (3) credits Petitioner for said payment. DONE AND ENTERED this 18th day of October, 2007, in Tallahassee, Leon County, Florida. S JEFF B. CLARK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 18th day of October, 2007.
