Findings Of Fact The following are the facts to which the parties have stipulated: A Complaint to Determine Paternity was filed in Duval County, Florida, in May of 1984, alleging that Archie L. Atkins was the father of Jimmy Lemont Pickney. Jimmy Lemont Pickney was born on May 1, 1971, to Betty Ruth Pickney. The birth certificate of the child did not indicate the name of the father. In his Answer to Complaint, Archie L. Atkins denied any knowledge with regard to the paternity issue, and denied that he was, in fact, the father of the minor child who was thirteen years old at the time the petition was filed. A jury trial was held on the issue of paternity. At that time, Archie L. Atkins testified that although he had met Betty Ruth Pickney, he had not had sexual intercourse with her and was unaware that she had conceived a child which she claimed to be his. However, in March of 1985 the jury determined that Archie L. Atkins was, in fact, the father of Jimmy Lemont Pickney. A Final Judgment of Paternity was entered by The Honorable John S. Cox on March 21, 1985. (Copy attached) The Court reserved jurisdiction to determine the amount of child support to be paid by Archie L. Atkins and to establish a public assistance child support obligation and to tax costs. In its Order of Modification, the Court determined that the sum of $8,611.50 was the public assistance child support obligation owed by the Defendant to the State of Florida for assistance paid on behalf of the minor from October 1974 to April 1, 1985. (Copy attached) The Defendant was ordered to pay $25 per week for the support of the minor child and $5 per week toward the public assistance child support obligation. Approximately one year after the commencement of child support, it was determined that Archie L. Atkins was then in contempt due to his failure to make the payments previously ordered on April 8, 1985. Specifically, he was $897.78 behind through March 21, 1986. Mr. Atkins was ordered to pay $897.78 instantly plus $250 to be applied toward the public assistance child support obligation. (Copies attached) Mr. Atkins paid both the $897.78 and the $250 as ordered by the Court. At the same time the Court entered its Contempt Order, the Court directed that future payments be deducted from Mr. Atkins' pay check by his employer, the United States Postal Service. Archie Atkins and his wife, Richardine Atkins, overpaid their 1985 Federal Income taxes in the amount of $1,605.21 and were entitled to a refund in that amount. However, the Office of Child Support Enforcement sought to intercept that tax refund and to apply it toward the public assistance child support obligation. Mr. Atkins was notified of the interception on June 2, 1986, and requested a hearing on June 19, 1986.
Recommendation For the foregoing reasons 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 Archie L. Atkins' federal tax refund unless and until Atkins is delinquent 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 Atkins. DONE AND ENTERED this 4th day of November, 1986, at Tallahassee, Florida. MICHAEL M. PARRISH 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 4th day of November, 1986. COPIES FURNISHED: R. Craig Hemphill, Esquire Assistant Counsel Child Support Enforcement Program 105 East Monroe Street Jacksonville, Florida 32202 Daniel Richardson, Esquire 1004 First Union Building Jacksonville, Florida 32202 William Page, Jr., Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32301
The Issue The issues for determination are: (1) whether Petitioner is delinquent in child support payments; (2) if yes, what is the amount of the delinquent child support; and (3) whether Respondent is authorized to levy Petitioner’s two bank accounts at the Bank of America and apply the funds to reduce or satisfy Petitioner’s outstanding arrearage for child support.
Findings Of Fact On April 11, 1996, a judicial hearing officer in the Circuit Court of the Ninth Judicial Circuit, in and for Orange County, Florida (Orange County Circuit Court), issued a Report and Recommendation of Hearing Officer on Paternity and/or Other Issues (Report). The Report found that Petitioner, Gary Walther (Petitioner), was the natural father of two minor children and recommended that he pay $200.00 per month for each child. The Report also recommended that the child support payments commence on May 5, 1996, and that they be made through the Clerk of the Circuit Court. On April 11, 1996, the Orange County Circuit Court issued an Income Deduction Order (Order) in State of Florida, Department of Revenue, on behalf of Theresa Walther v. Gary Walther, Case No. 86-1675. The Order directed any employer or any other person providing or administering income to Petitioner to deduct from such income $400.00 per month for periodic child support and to pay this amount to the Clerk of the Court. According to the Order, the $400.00 "reflects on-going child support of $200.00 per month, per child, for two minor children." On May 15, 2000, a judicial hearing officer issued a Report and Recommendation in Department of Revenue v. Gary Walther, Case No. 86-1675, in the Orange County Circuit Court. The Report and Recommendation abated Petitioner’s on-going child support payments as of April 24, 2000; found Petitioner $10,468.76 in arrears in child support as of April 24, 2000; and recommended that Petitioner pay an additional payment of $200.00 per month as payment on the arrears. These payments were to be made to the State of Florida, State Disbursement Unit, in Tallahassee, Florida. On May 15, 2000, the Orange County Circuit Court approved, confirmed and adopted as a Final Order the Report and Recommendation described and referred to in paragraph 3 above. On October 13, 1999, the Department sent a Notice to Freeze to the Bank of America in Richmond, Virginia. In the notice, which was sent by certified mail, the Department advised the Bank of America that Petitioner had a past due and/or overdue child-support obligation of $10,717.29 as of October 13, 1999. Moreover, the Department directed the bank not to transfer, dispose of, or return any credits, debts, or other personal property owned by or owed to Petitioner. On October 25, 1999, the Bank of America verified that it held two accounts identified as belonging to Petitioner. The funds in both accounts totaled $2,894.56. On October 15, 1999, the Department sent a Notice of Intent to Levy by certified mail to Petitioner. That notice 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. The property consists of liquid assets and is in the control of BANK OF AMERICA. This action is taken for nonpayment of child support by the obligor in the amount of $10,717.29 as of October 13, 1999. 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 an action in Circuit Court or by requesting an administrative hearing. If you wish to request an administrative hearing, you must file your petition for hearing, in writing, accordance with the Notice of Rights attached to this Notice. If you elect to file an action in Circuit Court, your complaint must be filed with the Clerk of Court within twenty-one (21) days of your receipt of this notice. . . . You may NOT request both an administrative hearing and a hearing in circuit court. Attached to the notice was a Notice of Rights form that detailed Petitioner's due process rights as provided for in Section 409.25656, Florida Statutes. The return receipt from the October 15, 1999, Notice of Intent addressed to Petitioner indicated that the Notice was delivered and received by someone at Petitioner’s address of record on or about October 20, 1999. On or about November 3, 1999, Petitioner filed a Petition for Formal Hearing (Petition), which requested a "formal hearing concerning the Notice of Intent to Levy" which he received October 19, 1999. The Petition listed Petitioner’s address as 234 Crabtree Avenue, Orlando, Florida 32835. On or about November 10, 1999, the Department issued and sent a Notice of Extension of Freeze to the Bank of America. The notice advised the bank that Petitioner had "filed an action in the circuit court or under Chapter 120, Florida Statutes, to contest the Department of Revenue’s intention to levy upon assets as specified in the Notice of Freeze." The Department further directed the Bank of America not to transfer, dispose, or return any credits, debts or other personal property owned/controlled by Petitioner and in the bank’s possession and control. Finally, the Notice of Extension of Freeze stated that the Notice remained effective "until final resolution of the circuit court or Chapter 120 action, and the Department issued a Notice of Levy or a Notice of Full or Partial Release of Freeze." On November 30, 2000, the Clerk of the Orange County Circuit Court prepared and issued an Arrearage Affidavit in Case No. 86-1675. The affidavit stated that the May 15, 2000, a Final Order issued by the court established that Petitioner's child support arrearage was $10,468.76. However, because of payments made by Petitioner, the affidavit noted that Petitioner's remaining established arrearage, as of the date of the affidavit, was $6,924.01. As of the date of the final hearing, Petitioner's outstanding arrearage for child support was $6,924.01. Notwithstanding his filing a Petition for Formal Hearing, Petitioner failed to appear at the hearing and no evidence was presented on his behalf.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Department of Revenue enter a final order that (1) levies the $2,894.56 in the Petitioner's two bank accounts at the Bank of America; (2) applies the funds to reduce Petitioner's accrued child support arrearage of $6,924.01; and (3) credits Petitioner for said payment. DONE AND ENTERED this 6th day of March, 2001, in Tallahassee, Leon County, Florida. 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 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 6th day of March, 2001. COPIES FURNISHED: Albert Thorburn, Esquire Florida Department of Revenue Post Office Box 8030 4070 Esplanade Way Tallahassee, Florida 32314-8030 Gary Walther 5965 Spring Street Austell, Georgia 30168-4041 James Zingale, Executive Director Department of Revenue 5050 West Tennessee Street 104 Carlton Building Tallahassee, Florida 32399-0100 Linda Lettera, General Counsel Department of Revenue 204 Carlton Building Post Office Box 6668 Tallahassee, Florida 32314-6668
The Issue Whether Petitioner's Federal Income Tax refund should be intercepted by Respondent?
Findings Of Fact Case No. 88-1323 On November 10, 1986, the Circuit Court of the Fourth Judicial Circuit, in and for Duval County, Florida, entered an order finding Petitioner to be in arrears in child support payments in the amount of $3,099.30. As of July 21, 1988, Petitioner's arrearage for his child support payments was $2,430.71, Case No. 88-1324 On November 26, 1986, the Circuit Court of the Fourth Judicial Circuit, in and for Duval County, Florida, entered an order finding Petitioner to be in arrears in child support payments in the amount of $665.00. Also, the court determined that Petitioner owed the State of Florida $3,082.00 as a public assistance obligation which had been previously established by the court. As of July 21, 1988, Petitioner was in arrears in the amount of $3,432.01 in his child support payments and in the public assistance obligation. Petitioner's Case Mr. Brown is currently making all the payments he is required to make under both court orders. He admits he owes the amount at issue in this case, although he believes there may be minor discrepancies in the records and he plans to pursue this with the agency responsible for record keeping.
Recommendation Therefore, based upon the foregoing, it is RECOMMENDED that Respondent issue a final order affirming the determination that Petitioner owes past-due support. DONE and ORDERED this 24th day of August, 1988, in Tallahassee, Florida. JOSE A. DIEZ-ARGUELLES 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 24th day of August, 1988. COPIES FURNISHED: Billy Lee Brown 3490 Lannie Road Jacksonville, Florida 32201 Warren J. Schulman, Esquire 331 East Union Street, Suite 1 Jacksonville, Florida 32202 Sam Power, 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
The Issue The issue is whether Petitioner properly issued a Stop-Work Order and Second Amended Penalty Assessment against Respondent for failing to obtain workers' compensation insurance that meets the requirements of chapter 440, Florida Statutes.
Findings Of Fact The Division is a component of the Department of Financial Services. It is responsible for enforcing the workers' compensation coverage requirements pursuant to section 440.107, Florida Statutes. Children's Academy is a corporation operating child care centers in Miami, Florida. Children's Academy was incorporated in 1994 and has been operating with an active status since its inception. Patrick Adeleke ("Adeleke") is the sole shareholder and president of Children's Academy. Children's Academy has seven locations. Each of the seven day care centers has its own state license and occupational license. On October 5, 2011, Petitioner's investigator, Cheryl Powell ("Powell"), visited the Children's Academy location at 151 Northwest 162 Street, Miami, Florida. At the business site, Petitioner's investigator spoke to Laquisha Lewis ("Lewis") regarding the business. Lewis provided Powell a business card during the meeting that contained the seven day care centers under Children's Academy. Subsequently, Powell visited the headquarters. Adeleke was not at the business site when Powell visited the Children's Academy headquarters. The headquarters had a marquee that indicated it was Children's Academy Preschool, Incorporated. It had children, playground equipment, and was the same colors: red, yellow, and blue as the original business site Powell had visited earlier. Powell returned to the original business site and input information about Children's Academy into the Department of Financial Services' Coverage and Compliance Automated System (CCAS). She found that Respondent lacked insurance for the payment of workers' compensation coverage. Powell discovered Children's Academy's last known coverage was canceled May 19, 2003. Additionally, Petitioner's investigator verified through the CCAS that no exemptions from workers' compensation had been issued in connection with Children's Academy. Eventually, Powell spoke to Adeleke by telephone. Adeleke informed Powell that he had 27 employees working for Children's Academy and that there was no workers' compensation insurance in place. Each of the 27 employees are employed by Children's Academy under one tax ID number. Two of the seven day care center locations (Children's Academy #1 and #3) have four or more employees and the other five day care center locations (Children's Academy #2, #4, #5, #6, and #7) have three or fewer employees. Upon confirmation that Respondent lacked workers' compensation coverage and that no exemptions were in effect, the Department issued Children's Academy a Stop-Work Order ("SWO") and served a Request of Business Records for Penalty Assessment Calculation to Children's Academy ("Request"). On October 7, 2011, Respondent obtained a certificate of insurance for workers' compensation coverage. Respondent also responded to the Request and provided the Department with some of the requested records. These business records included corporate tax returns, quarterly federal tax returns, quarterly state employer's tax returns and payroll journals. The records were forwarded to Anita Proana, Penalty Auditor for the Division for review. The records listed one employer, Children's Academy, for all the business records supplied for each of the seven day care centers. All 27 employees were being paid under one corporation, with one federal employer ID number for Children's Academy. Additionally, the amounts on the payroll journals for the 27 employees matched the amount claimed as wages on the federal tax returns for Children's Academy. After Proano reviewed the records provided, she properly calculated the worker's compensation amount Children's Academy owed in workers compensation insurance for the period of October 6, 2008, through October 5, 2011, and concluded that Respondent failed to pay workers' compensation premium of $22,111.20. After the premium was multiplied by the statutory factor of 1.5, it resulted in a penalty assessment in the amount of $33,167.75. The new calculation superseded the Amended Order and a Second Amended Order of Penalty Assessment was issued on or about July 27, 2012, reducing Respondent's penalty to $33,167.75. During the hearing, Respondent admitted not having workers' compensation coverage for his employees but contested Children's Academy being a single employer. Instead, Respondent contested that the five preschools that had three or fewer employees owed any premium because each preschool was exempt.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Financial Services, Division of Workers' Compensation, issue a final order affirming the Stop-Work Order and Second Amended Order of Penalty Assessment in the amount of $33,167.75 minus the payments made to date. DONE AND ENTERED this 25th day of September, 2012, in Tallahassee, Leon County, Florida. S JUNE C. McKINNEY 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 25th day of September, 2012. COPIES FURNISHED: Alexander Brick, Esquire Department of Financial Services 200 East Gaines Street Tallahassee, Florida 32399 alexander.brick@myfloridacfo.com Layne Verebay, Esquire Law Office of Layne Verebay, P.A. Building B, Suite 104 7800 West Oakland Park Boulevard Sunrise, Florida 33351 lverebay@aol.com Julie Jones, CP, FRP, Agency Clerk Department of Financial Services Division of Legal Services 200 East Gaines Street Tallahassee, Florida 32399
Findings Of Fact On September 13, 1985, respondent, Bernard Gross, was found in contempt of the Circuit Court in and for Dade County, Florida, for failing to comply with previous orders of the court to provide child support. According to the order rendered by the court, Gross was in arrears in the amount of $4,650 as of September 4, 1985. A copy of the order has been received into evidence as petitioner's exhibit 2. By letter dated October 24, 1985 petitioner, Department of Health and Rehabilitative Services (HRS), through its contractor, the Office of the State Attorney, advised Gross that it intended to intercept his federal income tax refund, if any, to satisfy the past-due child support. According to the letter, the past due amount was then $4,425. Gross was further advised he could request an administrative hearing to contest this action no later than November 25, 1985. However, the agency's letter was not postmarked until November 26, 1985, or after the point of entry had expired, and was not received by Gross until December 6, 1985. The letter further erroneously identified the amount due as an "AFDC" claim, which meant the person due the support payments was receiving assistance under the federal Aid to Families with Dependent Children program. This was incorrect. Gross was given an informal meeting with HRS personnel on January 29, 1986, for an undisclosed purpose. However, later HRS correspondence implies it was for the purpose of allowing Gross to attempt to get HRS to reconsider its earlier decision to intercept his income tax refund. When this effort was apparently unsuccessful, HRS, through its contractor, issued a Notice of Right to Hearing in Non-AFDC Cases on March 3, 1986, offering Gross an opportunity for a formal hearing. The notice made reference to the earlier court order dated September 13, 1985, and stated the arrearage due was greater than $500, the support was owed to or on behalf of a minor child, and it was more than three months past due. Gross thereafter timely requested a formal hearing. The clerk of the Circuit Court in and for Dade County maintains a central depository which has an account history for each person paying child and spousal support. According to the computer printout on Gross' account, Gross owed $4,650 as of September 4, 1985, but it decreased to $4,255 as of December 25, 1985. The amount is subject to change each week since the printout indicates Gross must pay $85 per week in child support. The printout has been received into evidence as petitioner's exhibit 1. Gross did not challenge or contest the accuracy of the numbers contained in the document. At final hearing petitioner ore tenus amended its request to claim only $4,255. That amount is the last amount shown on Gross' payment record, and is the balance due as of December 25, 1985. This date was selected by petitioner's counsel since it represents the most current data on respondent's account. Gross' former wife confirmed that Gross owed her more than $4,000 as of the end of 1985, but could not state the precise amount owed. Federal regulations (45 CFR 303.72) govern the conditions under which a federal income tax refund may be intercepted in a non-AFDC case to offset past- due support owed by the taxpayer. As is pertinent here, they require that the taxpayer owe support to or on behalf of a minor child and that it be not less than $500. Regulations also require that the agency substantiate the delinquent amount with a copy of the "court order, or an order of an administrative process established under State law, for support and maintenance of a child, or of a child and the parent with whom the child is living," "a copy of the payment record," or if no payment record exists, "an affidavit signed by the custodial parent attesting to the amount of support owed." In this regard, petitioner tendered into evidence a copy of the September 13, 1985 court order, a certified copy of the clerk of the circuit court's payment record, and offered the testimony of Gross' former wife, the latter in an effort to establish the amount owed her as of the end of 1985. Through his own testimony, and the submission of respondent's composite exhibit 1, Gross contended that various errors occurred in the administrative process that culminated in the final hearing. First, he cited the agency's failure to send its October 24, 1985 letter until November 26, or after the original point of entry had expired. He also pointed out that this notice was dated only fifty days after the court order, and that a minimum of ninety days is required by law. He further contended he had no opportunity prior to hearing to question the amount of past-due support allegedly owed. Finally, he pointed out that the court order of September 13 refers to an arrearage of $4,650, the proposed agency action on March 3 relies upon an arrearage of $4,450, and at hearing petitioner claimed the past due amount was $4,255. He did not deny that he owed the above amounts, but contended the agency was bound to seek only the amount shown in the court order, and by later changing the amount allegedly due, HRS has invalidated its claim.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a Final Order be entered certifying a claim to the Secretary of the Treasury in the amount of $4,255 against respondent's federal income tax refund, if any. DONE and ORDERED this 23rd day of October 1986 in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER 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 23rd day of October 1986.
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
Findings Of Fact The following are the facts to which the parties have stipulated: On September 27, 1977, the Circuit Court for the Fourteenth Judicial Circuit of Florida entered an order dissolving the marriage of Petitioner and Debra LaRhea Reynolds and incorporated into that order a stipulation whereby Petitioner agreed to pay child support in the amount of $20.00 per week. On April 13, 1977, Debra LaRhea Reynolds assigned her rights to child support to the Respondent, Department of Health and Rehabilitative Services. On June 25, 1982, the Circuit Court for the Fourteenth Judicial Circuit of Florida entered an order holding Petitioner in contempt for failure to pay accrued arrearages of child support in the amount of $4,280.00, to which Respondent was entitled by virtue of the assignment of rights referred to in paragraph 2. On June 8, 1982, the aforementioned court authorized a payroll deduction of $62.00 by weekly against Petitioner's paycheck. Under the terms of the contempt order, $40.00 of this amount was credited to the arrearage. As of June 23, 1987, the arrearage had been reduced to $1,960.00. On July 10, 1986, Respondent caused to be intercepted Petitioner's Federal Income Tax Refund of $1,080.03.
Recommendation Having considered the foregoing stipulated 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 $1,080.03 to be intercepted and applied against his debt to the State of Florida for past due child support. Respectfully submitted and entered this 8th day of September, 1987, in Tallahassee, 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 8th day of September, 1987. COPIES FURNISHED: Marian Alves, Esquire Legal Services of North Florida, Inc. 400 North Madison St. Quincy, Florida 32351 John R. Perry, Esquire Dept. of HRS, District 2, 2639 N. Monroe St. Tallahassee, Florida 32303 Gregory L. Coler, Secretary Dept. of HRS 1323 Winewood Blvd. Tallahassee, Florida 32399-0700 Sam Power, Clerk Dept. of HRS 1323 Winewood Boulevard Tallahassee, Florida 32399-0700
Findings Of Fact Based upon the testimony of the witnesses and the documentary evidence received at the hearing, the following findings of fact are made: The Petitioner is listed as the obligor for child support payments which are payable through the central governmental depository for Hillsborough County, Florida. According to the records maintained by Hillsborough County, as of November 7, 1990, the Petitioner owes $4073.61 for back child support. Petitioner did not dispute the accuracy of that amount at the hearing nor did she object to the entry of the records establishing that amount. Harold C. Ludwig, purportedly Petitioner's former husband who is also listed as the obligee to receive the child support payments from Petitioner, contacted the Department and requested assistance in connection with enforcing the court order authorizing child support. The Department has a contract with Mr. Ludwig and has searched the account history maintained by Hillborough County to determine the amount of arrearages owed by the Petitioner. The Department has standing requests from credit agencies for information on child support accounts where the arrearage amount exceeds $500.00. Based upon the conclusion that Petitioner owed an amount in excess of $500.00, the Department preliminarily determined this account to be subject to disclosure and gave the Petitioner notice of its intent to release the information regarding her arrearage to the credit agencies which have requested the information.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Department of Health and Rehabilitative Services enter a final order denying Petitioner's challenge to the proposed agency action regarding the referral of child support arrearages to a credit reporting agency. DONE AND ENTERED this 17 day of January, 1991, in Tallahassee, Leon County, Florida. Joyous D. Parrish Hearing Officer Division of Administrative Hearings 1230 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 17 day of January, 1991. APPENDIX TO CASE NO. 90-4480 RULINGS ON THE PROPOSED FINDINGS OF FACT SUBMITTED BY THE PETITIONER: 1. None submitted. RULINGS ON THE PROPOSED FINDINGS OF FACT SUBMITTED BY THE DEPARTMENT: 1. Paragraphs 1 through 3 are accepted. COPIES FURNISHED: Theodore J. Rechel Law Offices of DONALD W. BELVEAL 100 West Kennedy Boulevard Suite 600 Tampa, Florida 33602 Sandra A. Ludwig 3212 West Coachman Avenue Tampa, Florida 33611 Linda K. Harris, Esquire Department of Health and Rehabilitative Services 1323 Winewood Boulevard Building One, Suite 407 Tallahassee, Florida 32399-0700 R.S. Power, Agency Clerk Department of Health and Rehabilitative Services 1323 Winewood Boulevard Building One, Suite 407 Tallahassee, Florida 32399-0700
The Issue Whether petitioner should receive a federal income tax refund HRS has intercepted and proposes to apply against petitioner's public assistance child support obligation, even though he has fully complied with the judgment establishing the obligation?
Findings Of Fact On May 16, 1984, HRS obtained a final judgment of paternity against Jimmie L. Henry, petitioner in these proceedings. Henrietta Payne and State of Florida Department of Health and Rehabilitative Services vs. Jimmie Henry and Woodrow Grissett, No. 81-10950-CA (4th Cir.). The judgment declared Mr. Henry the father of Shea Bernard Anderson, established the "sum of $2656.00 ... as a public assistance child support obligation owed by Jimmie Henry to the State of Florida," ordered petitioner to pay $150 support payments for the child monthly, and ordered that "with each payment [the petitioner] shall make an additional payment of $25.00 per month until the [public assistance child support] obligation ... is paid in full." The public assistance child support obligation arose because of payments HRS made, before paternity was determined, for the benefit of Shea Bernard Anderson under the Aid for Dependent Children program, payments which were "IV-D services" provided by a "IV-D agency." Since entry of the final judgment of paternity, petitioner, who has since married and had other offspring, has made every payment required by the judgment, when required. As of September 11, 1988, his public assistance child support obligation had been reduced from $2,656.00 to $1,374.40. HRS has intercepted all of the federal income tax refund owed petitioner for calendar year 1987, which amounts to $664, and proposes to apply it against his public assistance child support obligation.
