FERNANDEZ v. DEPARTMENT OF REVENUE CHILD SUPPORT PROGRAM (2024)

District Court of Appeal of Florida, Third District.

Christian Rodriguez FERNANDEZ, Appellant, v. DEPARTMENT OF REVENUE, CHILD SUPPORT PROGRAM, et al., Appellees.

No. 3D24-158

Decided: September 18, 2024

Before MILLER, LOBREE, and GOODEN, JJ.

Christian Rodriguez Fernandez, in proper person. Ashley Moody, Attorney General, and Toni C. Bernstein, Senior Assistant Attorney General (Tallahassee), for appellee Department of Revenue.

Appellant, Christian Rodriguez Fernandez, the father, appeals from a final administrative paternity and support order rendered by the Florida Department of Revenue, Child Support Program (the “Department”), without a hearing. On appeal, the father requests a reduction in his monthly child support obligation. The father failed to request an administrative hearing; thus, the Department was authorized to enter the final order. See § 409.2563(7)(b)–(c), Fla. Stat. (2023). Finding that the record supports the imputation of income, we affirm. We do so, however, without prejudice. As commendably conceded by the Department, the father may seek an administrative modification of the final order as set forth in section 409.2563(12) or he may file an action to obtain a superseding order in the circuit court pursuant to section 409.2563(10)(c). See Brookshire v. Dep't of Revenue, Child Support Enf't, 288 So. 3d 709, 710 (Fla. 4th DCA 2020).

Affirmed.

MILLER, J.

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