STATE DEPARTMENT OF REVENUE ON BEHALF OF MURILLO v. MURILLO (2017)

STATE of Florida, DEPARTMENT OF REVENUE, ON BEHALF OF Maria MURILLO, Appellant, v. Saul MURILLO, Appellee.

CASE NO. 1D16–4435

Decided: May 16, 2017

Pamela Jo Bondi, Attorney General, and Toni C. Bernstein, Assistant Attorney General, Tallahassee, for Appellant. No appearance for Appellee.

In this appeal, the Department of Revenue argues that the Administrative Law Judge erred by concluding that the Division of Administrative Hearings (DOAH) lacked subject-matter jurisdiction to establish Appellee's child support obligation because a dissolution action addressing child support was pending between the parents in circuit court. The Department is correct. Because there was no court order of support in effect, and Appellee had not timely opted out of the administrative proceeding, DOAH had concurrent jurisdiction to establish Appellee's child support obligation and a support order should have been entered. See § 409.2563(2)(a), (c), Fla. Stat. (2016); Fla. Dep't of Revenue v. Van Edwards, ––– So.3d ––––, 42 Fla. L. Weekly D873a, 2017 WL 1372663 (Fla. 1st DCA Apr. 13, 2017); Dep't of Revenue v. Graczyk, 206 So.3d 157, 161 (Fla. 1st DCA 2016). Accordingly, we REVERSE and REMAND for further proceedings.

PER CURIAM.

WOLF, RAY, and BILBREY, JJ., CONCUR.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network