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 Whether the Department of Revenue is entitled to retain and apply Petitioner's $1,000.00 lottery prize and apply it so as to reduce an outstanding arrearage for child support.
Findings Of Fact A Final Judgment for Dissolution of Marriage was entered on December 8, 1997. It required Petitioner, as the non-custodial parent, to pay child support in the amount of $250.00 per month. That Order specified that the first child support payment would be retroactive to October 2, 1997. Petitioner did not make each bi-weekly child support payment as they became due, beginning October 2, 1997. There were extenuating circumstances, but the circuit court's child support requirement was not modified, and as a result of Petitioner's failure to make the court-ordered bi- weekly child support payments, DOR initiated an enforcement action against Petitioner. DOR's first enforcement action against Petitioner resulted in the entry of a November 5, 1999, "Order Enforcing Child Support-Order Discharging Writ of Attachment-Report of the Child Support Hearing Officer." The enforcement order was based upon Domestic Relations Depository Records as of November 3, 1999. The enforcement order established an arrearage in the amount of $5,227.66 owed by Petitioner. It specified that Petitioner must pay this amount at the rate of $115.00 in current child support bi-weekly payments, plus $5.00 per week towards the arrearage. Petitioner established that she has, in fact, paid varying amounts towards her arrearage; however, all but one of the amounts she demonstrated she had paid were paid prior to the November 5, 1999, Order that established her arrearage at $5,227.66. The sole exception is that Petitioner submitted Exhibit P-10, a pay stub for the period ending May 24, 2003, showing her earnings and deductions, and that pay stub indicates that she paid child support, apparently via garnishment, in the amount of $240.00. Unfortunately, for Petitioner, there is no way to determine from this exhibit how the $240.00 related to current or past due child support as of that date. So, at most, it would have reduced her $5,227.66 debt by only $240.00. On September 16, 2003, a Child Support Hearing Officer again reviewed Petitioner's payment history and determined that her arrearage had grown to $6,575.09, through the payment due date of September 16, 2003. An Order was entered which allowed Petitioner's current support obligation to remain at $115.00 bi- weekly, but which increased from $5.00 to $10.00 bi-weekly the amount she will now be required to pay towards reducing the $6,575.09 arrearage. In an Order dated September 19, 2003, the circuit court established the arrearage owed by Petitioner to be $6,575.09, set Petitioner's payback requirements as had the Hearing Officer, and directed the Domestic Relations Depository to amend its records accordingly. Petitioner did not produce a Motion to Vacate either of the September 2003, Orders establishing her arrearages. Petitioner also did not produce any Notice of Appeal. Therefore, the presumption is that the Order entered by the circuit court judge on September 19, 2003, is now binding on all parties.
Recommendation Based on the foregoing Findings of Facts and Conclusions of Law, it is RECOMMENDED that the Department of Revenue enter a Final Order wherein it retains Petitioner's $1,000.00 lottery prize and applies it to reduce the accrued arrearage of $6,575.09 established in the September 19, 2003 Circuit Court Order. DONE AND ENTERED this 1st day of December, 2003, in Tallahassee, Leon County, Florida. S ELLA JANE P. DAVIS 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 1st day of December 2003. COPIES FURNISHED: Lisa J. Hinson, f/k/a Lisa J. Sylvester 2216 Northwest 11th Street Jacksonville, Florida 32209 Chriss Walker, Esquire Department of Revenue Child Support Enforcement Post Office Box 8030 Tallahassee, Florida 32314-8030 Louisa Warren, Esquire Department of the Lottery 250 Marriott Drive Tallahassee, Florida 32301 James Zingale, Executive Director Department of Revenue 104 Carlton Building Tallahassee, Florida 32399-0100 Bruce Hoffmann, General Counsel Department of Revenue 204 Carlton Building Tallahassee, Florida 32399-0100
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.
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 for determination is whether the Department of Revenue should retain and apply the Petitioner’s $800.00 lottery prize to reduce an outstanding arrearage for child support.
Findings Of Fact Department of Revenue and Department of Lottery are the agencies of the State of Florida charged with the duty to enforce statutes which provide for the seizure of lottery prize winnings to satisfy past-due child support debt. On or about April 30, 2001, Johnson made a claim to a lottery prize in the amount of $800.00. The DOR notified the DOL that Johnson was indebted to the state for court-ordered child support through the court depository, in the amount of $10,626.79. Pursuant to Subsection 24.115(4), Florida Statutes, Petitioner’s entire lottery prize was transferred to DOR by DOL. Petitioner was given written notice on April 30, 2001, of the DOR’s intent to intercept his lottery prize and apply it to partially satisfy his unpaid child support debt. Pursuant to a Final Judgment of Paternity and Income Deduction dated September 13, 1989, Petitioner is subject to a lawful order requiring him to pay child support. Johnson has failed to discharge his child support obligations pursuant to that judgment, and as of December 8, 1995, Johnson's arrears were $10,626.79. DOR intends to apply the Petitioner’s lottery prize in the amount of $800.00 to partially satisfy his past-due child support debt.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Revenue enter a final order retaining Johnson's $800.00 lottery prize to be applied to reduce the accrued arrearage on Johnson's child support obligation. DONE AND ENTERED this 11th day of January, 2002, in Tallahassee, Leon County, Florida. ___________________________________ FLORENCE SNYDER RIVAS 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 11th day of January, 2002. COPIES FURNISHED: William Johnson 2815 Northwest 95th Street Miami, Florida 33147 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 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
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received and the entire record compiled herein, I make the following relevant factual findings: Petitioner, Enrique Rivera, was married to Emma Rivera on April 15, 1973, and of that marriage two children were born, Lisa and Tomas. A Final Judgement of Dissolution of Marriage was entered on September 8, 1980 in Dade County, Florida. On March 14, 1980, however, Petitioner's then spouse, Emma Rivera obtained an order of support in the 264th District Court of Bell County, Texas, (Texas) whereby she was awarded $75 every two weeks per child for child support for petitioner's two children. The child support payments were to commence on March 15, 1980. (Respondent's exhibit 1). The final judgment of dissolution of marriage entered by the circuit court of Dade County, Florida, on September 8, 1980, required petitioner to pay the sum of $75 every two weeks for child support based on the order of support issued in Texas. (Respondent's exhibit 2). During late 1987, petitioner, received a pre-offset notice from the Internal Revenue Service (IRS) indicating that it would intercept and apply an IRS tax refund to fully or partially satisfy a past due child support obligation. (Respondent's exhibit 2). Petitioner signed a judgment agreement in Texas during 1980 wherein he agreed to pay child support in the amount of $75 per child every two weeks to Emma Rivera for the support of his minor children. (Respondent's exhibit 3). On January 9, 1980, Emma Rivera signed a uniform reciprocal enforcement of support petition seeking an order of support under the Uniform Reciprocal Enforcement of Support Act (URESA). Respondent, through its URESA Division, obtained copies of the final judgment of dissolution of marriage, the support petition and the account master record display of the Clerk of the Court, Central Depository of the Eleventh Judicial Circuit of Florida, in and for Dade County, Family Division. Based on information obtained from those copies, petitioner owed Emma Rivera child support arrearage in the amount of $14,436 as of July 15, 1988. (Respondent's composite exhibit 3). Petitioner disputes that he owes any child support arrearage and contends that the judgment agreement he signed in 1980 was altered after he signed it and that subsequent court orders relied upon that judgment to establish an incorrect amount for child support. Petitioner maintains that there was a typographical error in the Texas support order and that he was only obligated to pay $75 per month for each of the two children for a total of $150.00 per month. The agreement Petitioner signed in Texas however obligated him to pay child support in the amount of $75 per child every two weeks for his minor children. That support obligation shows that petitioner owes Emma Rivera a child support arrearage in the amount of $14,436 as of July 15, 1988. Petitioner sought an amendment to the Texas order of support and he has been unable to obtain any amendment to that order as of the date of this administrative hearing.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that: The respondent, Department of Health and Rehabilitative Services, enter a final order recommending that the Internal Revenue Service forward the sum collected from its intercept to the respondent forthwith for payment toward satisfaction of the child support arrearage due and owing Emma Rivera. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 1st day of November, 1988. COPIES FURNISHED: Phillip J. Coniglio, Esquire 12595 North East 7th Avenue North Miami, Florida 33161 JAMES E. BRADWELL 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 1st day of November, 1988. Deborah Magid, Esquire Assistant State Attorney Child Support Enforcement Division 1490 North West 27th Avenue Miami, Florida 33125 R. S. Power, Clerk Department of Health and Rehabilitative Services 1323 Winewood Boulevard Building One, Room 407 Tallahassee, Florida 32399-0700 Gregory L. Coler, Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Building One, Room 407 Tallahassee, Florida 32399-0700 John Miller, Esquire Acting General Counsel Department of Health and Rehabilitative Services Fort Knox Executive Center 2727 Mahan Drive Suite 309 Tallahassee, Florida 32308
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
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
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.
