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 On November 18, 1991, petitioner submitted a claim to the Department of Lottery (Lottery) on a ticket he held for the "Play 4" drawing of November 17, 1991. Such ticket reflected that petitioner had correctly selected the four numbers drawn on that date, and rendered him eligible for a prize of $5,000.00. On December 17, 1991, the Department of Health and Rehabilitative Services (DHRS) certified to the Lottery that petitioner owed $2,891.45 in Title IV-D child support arrearage. Thereafter, by letter of December 20, 1991, the Lottery advised petitioner that DHRS had advised it of such outstanding debt and that, pursuant to Section 24.115(4), Florida Statutes, it had transmitted the prize amount to the Office of the Comptroller, Department of Banking and Finance (DBF). Petitioner was further advised that DBF would notify him shortly regarding the distribution of such funds. By letter of December 31, 1991, DBF notified petitioner that it was in receipt of his prize from the Lottery and that it intended to apply $2,891.45 toward the unpaid claim for child support. Such letter also enclosed state warrant number 1437325, dated December 27, 1991, in the amount of $2,108.55 in payment of the difference between the petitioner's prize and the unpaid claim for child support, and advised petitioner of his right to request a hearing to contest such action. By letter of January 15, 1992, petitioner acknowledged receipt of DBF's letter of December 31, 1991, disputed that any such obligation was outstanding, and requested a formal hearing. At hearing, the proof demonstrated that through a series of orders rendered in the matter of In Re: The Marriage of Mary B. Black, Petitioner/Wife v. Jessie Black, Respondent/Husband, Circuit Court, Dade County, Florida, Case No. 83-11702, petitioner was directed to pay child support for his minor children, with such payments to be made to the clerk of that court. As of December 17, 1991, the date DHRS certified the debt at issue in this case to the Lottery, petitioner owed $2,891.45 in Title IV-D child support arrearage. Such debt was, however, reduced by the sum of $5.28 by the Clerk of the Circuit Court, Dade County, Florida, on January 24, 1992, to properly reflect the fees charged to administer such account. Accordingly, the proof demonstrates that DBF should apply the sum of $2,886.17 from petitioner's prize toward the unpaid claim for child support.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Department of Banking and Finance enter a final order which resolves the distribution of the balance of petitioner's lottery prize as follows: (1) that it pay to the Department of Health and Rehabilitative Services the sum of $2,886.17 towards satisfaction of petitioner's debt for child support, and (2) that it pay to petitioner the sum of $5.28 as the balance of his lottery prize. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 5th day of May 1992. WILLIAM J. KENDRICK 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 5th day of May 1992. COPIES FURNISHED: Jessie Black, pro se 420 Southwest 31st Street Fort Lauderdale, Florida 33312 Scott C. Wright, Esquire Assistant General Counsel Office of the Comptroller The Capitol, Suite 1302 Tallahassee, Florida 32399-0350 Chriss Walker, Esquire Department of Health and Rehabilitative Services 1317 Winewood Boulevard Building One, Room 407 Tallahassee, Florida 32399-0700 Louisa Warren Department of the Lottery 250 Marriott Drive Tallahassee, Florida 32301 The Honorable Gerald Lewis Comptroller, State of Florida The Capitol, Plaza Level Tallahassee, Florida 32399-0350 William G. Reeves General Counsel Department of Banking and Finance The Capitol Plaza Level, Room 1302 Tallahassee, Florida 32399-0350
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.
Findings Of Fact Mr. Clinton Williams won a prize of $3,839.50 on a $1.00 wager in the Lotto game for October 12, 1991. Based upon a letter to the Department of the Lottery from Chriss Walker, the Acting Assistant Secretary for Child Support Enforcement. The Office of the Comptroller found that Mr. Williams owed $3,250 as back due child support. That amount was deducted from his winnings and on November 8, 1991, a state warrant in the amount of $589.50 was delivered to Mr. Williams. The arrearage arose because an error had been made in the child support enforcement division of the State Attorney's Office in Miami. An income deduction order had been entered against Mr. Williams by the family division of the Circuit Court in Dade County Florida on September 27, 1990, but no money was ever deducted from Mr. Williams' pay. When the Department of Health and Rehabilitative Services checked Mr. Williams' record after he submitted the winning ticket, the error was discovered. As a result, in January 1992 the award was modified obligating Mr. Williams to continue to pay $252 per month in child support, and to pay an additional $100 per month to pay back child support due under the September 27, 1990 order. In addition, the order entered by the Circuit Court on January 13, 1992, provides, in paragraph 14: The lottery winnings that are currently being withheld in Tallahassee shall be released to the Petitioner [the child's mother] immediately. Based on the order of the Circuit Court, there is no doubt that Mr. Williams is indebted for back child support. No error occurred in the interception of his lottery winnings to satisfy his obligation for that past-due child support.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Petition for Formal Proceeding filed by Mr. Williams be dismissed. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 7th day of May 1992. WILLIAM R. DORSEY, JR. 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 7th day of May 1992. COPIES FURNISHED: Karrin R. Boehm-Alman, Esquire Law Offices of Maurice M. Diliberto 28 West Flagler Street Suite 600 Miami, FL 33130 Bridget L. Ryan, Esquire Office of the Comptroller Suite 1302, The Capitol Tallahassee, FL 32399-0350 Louisa H. Warren, Esquire Department of the Lottery 250 Marriot Drive Tallahassee, FL 32301 Chriss Walker, Esquire Department of Health and Rehabilitative Services 1323 Winewood Boulevard Building One, Room 407 Tallahassee, FL 32399-0700 Honorable Gerald Lewis, Comptroller Department of Banking and Finance The Capitol, Plaza Level Tallahassee, FL 32399-0350 William G. Reeves, General Counsel Department of Banking and Finance Room 1302, The Capitol Tallahassee, FL 32399-0350
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 in this case is whether the Department of Revenue should intercept and apply Petitioner’s lottery prize to reduce an outstanding arrearage for child support.
Findings Of Fact On January 25, 2002, Molina signed a Florida Lottery Winner Claim Form and transmitted it to DOL to redeem a lottery prize in excess of $600. Thereafter, shouldering its legal responsibility, DOR notified DOL that Molina was in arrears on a child support obligation that DOR was enforcing. On or around January 30, 2002, DOR notified Molina of its intent to intercept his lottery prize and apply it to satisfy or reduce an unpaid child support debt. Molina’s child support obligation is payable to the Central Depository of the Clerk of the Miami-Dade County Circuit Court pursuant to an order issued by a judge of that circuit on March 28, 1996. Molina owes in excess of $20,000 in unpaid child support.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED (if this has not been done already) that the Department of the Lottery transmit Molina’s lottery prize to the Department of Revenue. It is further RECOMMENDED that the Department of Revenue enter a final order directing that Molina’s lottery prize be applied to satisfy or reduce the accrued arrearage on his child support obligation and providing that the balance of the prize, if any, be paid to Molina. DONE AND ENTERED this 15th day of August, 2002, in Tallahassee, Leon County, Florida. JOHN G. VAN LANINGHAM 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 15th day of August, 2002. COPIES FURNISHED: Pablo Y. Molina 10815 Northwest 50th Street Apartment 303 Miami, Florida 33178 Chriss Walker, Esquire Child Support Enforcement Department of Revenue Post Office Box 8030 Tallahassee, Florida 32314-8030 Louisa Warren, Esquire Department of Lottery 250 Marriott Drive Tallahassee, Florida 32301 James Zingale, Executive Director Department of Revenue 104 Carlton Building Tallahassee, Florida 32399-0100 J. Bruce Hoffmann, General Counsel Department of Revenue 204 Carlton Building Tallahassee, Florida 32399-0100 David Griffin, 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 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 issue in this proceeding is whether part of Petitioner's lottery prize should be withheld and used to pay an allegedly outstanding debt for child support.
Findings Of Fact On April 15, 1990, Petitioner submitted a claim to the Department of the Lottery (Lottery) on a ticket he held for the Lotto drawing of April 14, 1990. The ticket reflected that Petitioner had correctly selected five of the six numbers drawn on April 14 and rendered him eligible for a prize of $4,334.50. On May 4, 1990, the Department of Health and Rehabilitative Services (DHRS) certified to the Lottery that Petitioner owed $3,625.00 in Title IV-D child support arrearage. By letter dated May 9, 1990, the Lottery notified Petitioner that DHRS had advised it of the outstanding debt and that, pursuant to Section 24.115(4), Florida Statutes, it had transmitted the prize amount to the Department of Banking and Finance (DBF). Petitioner was further advised that DBF would notify him shortly regarding the distribution of the funds. By letter dated May 15, 1990, DBF notified Petitioner that it was in receipt of his prize from the Lottery and that it intended to apply $3,625.00 of the award toward the unpaid claim for child support. Enclosed with that letter was State of Florida warrant number 2537015 in the amount of $709.50 payable to Petitioner. This warrant was a partial payment of the lottery prize and represented the difference between the amount of the prize and the amount of chld support that HRS had certified as being due. In a letter received by DBF on May 30, 1990, Petitioner disputed that any obligation was outstanding and requested a formal hearing. On July 18, 1990, DHRS notified DBF that Petitioner's child support arrearage had been reduced by $2,154.82 as a result of an IRS tax refund interception. That letter indicated that, as a result of the interception, DHRS had calculated the amount of the Petitioner's outstanding child support obligation to be $1,470.18. In the letter, DHRS specifically relinquished its claim to the additional $2,154.82 it had originally certified. By letter dated July 30, 1990, DBF transmitted to Petitioner State of Florida warrant number 0129960 in the amount of $2,154.82. This warrant was a partial payment of the lottery prize and reduced the amount of the prize being held by DBF to $1,470.18. On July 18, 1991, General Master Helen T. Erstling entered a Recommended Order On Determination Of Arrears which concluded that as of July 11, 1991, Petitioner owed $1,568.68 in child support arrearage. That Recommended Order provided that DBF was authorized to release to DHRS up to $1,568.68 of Petitioner's lottery proceeds. On August 13, 1991, Circuit Court Judge George E. Orr of the Eleventh Judicial Circuit in and for Dade County, Florida, entered an Order Upon Recommended Order On Disputed Arrears which ratified and adopted the Recommended Order of the General Master. The arrearage calculated by the General Master and adopted by the court was calculated as of June 11, 1991, and established that, as of that date, Petitioner owed $1,568.68 in Title IV-D child support arrearage. Petitioner, the party responsible to make such payments, offered no proof at the hearing in this case to establish that such sum has been paid and/or is no longer owing. This arrearage exceeds the remaining amount of the lottery prize being held by DBF.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is recommended that the Department of Banking and Finance enter a final order dismissing the Petitioner's request for formal hearing, and that it pay to the Department of Health and Rehabilitative Services the $1,470.18 remainder of Petitioner's lottery prize in partial satisfaction of Petitioner's debt for child support. RECOMMENDED in Tallahassee, Leon County, Florida, this 16th day of October 1991. J. STEPHEN MENTON 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 16th day of October 1991. COPIES FURNISHED: Mr. Lawrence Fowler Apt. 202 9481 Evergreen Place Fort Lauderdale, Florida 33324 Bridget L. Ryan Assistant General Counsel Office of the Comptroller Suite 1302, The Capitol Tallahassee, Florida 32399-0350 Chriss Walker, Esquire Department of Health and Rehabilitative Services 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Louisa Warren Department of the Lottery 250 Marriott Drive Tallahassee, Florida 32399 The Honorable Gerald Lewis Comptroller, State of Florida The Capitol, Plaza Level Tallahassee, Florida 32399-0350 William G. Reeves General Counsel Department of Banking and Finance The Capitol, Room 1302 Tallahassee, Florida 32399-0350
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.
