JOHN F. PIWOWARSKI, APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE
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Piwowarski appealed the Department of Children and Families' denial of food stamp benefits based on excess assets and income. The court affirmed the denial, holding that Piwowarski failed to demonstrate a legal obligation to pay child support, which was necessary to qualify for the child support income deduction he claimed.
Piwowarski was not entitled to the child support deduction because he failed to offer evidence of a legal obligation to support his daughter. Although the court did not decide whether the Department's interpretation requiring court-ordered support was correct, Piwowarski was required to demonstrate his legal obligation to pay child support to qualify for the deduction.
[1] A claimant seeking a deduction for child support payments from income for food stamp eligibility must demonstrate a legal obligation to pay child support, even if the obl…
[2] Voluntary payments made for child support, without evidence of a legal obligation, do not qualify for deduction from income for food stamp eligibility purposes.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The child support deduction at issue is described by the regulation as '[l]egally obligated child support payments.' See 7 C.F.R. § 273.9(d)(5); 7 C.F.R. § 273.2(f)(xii).”
Establishes the regulatory requirement for the deduction at issue
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePiwowarski applied for food stamp benefits but was denied because his assets exceeded program limits and his income exceeded allowable thresholds. Piw…
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GRIFFIN, J.
Petitioner below, John F. Piwowarski [“Petitioner”], pro se, appeals a final order of the Department of Children and Families [“the Department”] denying food stamp benefits. The stated reasons for denial were that the value of his assets exceeded program eligibility limits, and his income was more than allowed for the program. Nothing in the record supports Petitioner’s claims of error. Among Petitioner’s arguments is his contention that the Department erroneously failed to deduct from his income $200.00 he pays monthly in voluntary child support. The child support deduction at issue is described by the regulation as “[l]egally obligated child support payments.” See 7 C.F.R. § 273.9(d)(5); 7 C.F.R. § 273.2(f)(xii).
The Department argued at the hearing that “legally obligated” meant “court ordered.” No definition of “legally obligated” could be found in this context, but it is well established that parents do have a legal duty to support their minor children. See generally 25 Fla. Jur.2d Family Law § 110 at 156 (1992).
We need not decide whether the Department’s interpretation of this regulation is correct because Petitioner failed to offer evidence of a legal obligation of support. In his notice of appeal, Petitioner alleged that the hearing officer “didn’t consider the (checks) $200.00 that I always' send my dislect [dyslexic?] (over 19) daughter while she [is] in school.” Although Petitioner may not have been required to show payment of support pursuant to a court order in order to qualify for the child support deduction, he was required to demonstrate his legal obligation to pay child support.
AFFIRMED.
PETERSON and PALMER, JJ., concur.