ARI PALEWSKY, APPELLANT,
v.
DEPARTMENT OF REVENUE O/B/O RACHEL MILLER, APPELLEE
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Ari Palewsky appeals an order establishing paternity and awarding child support. The appellate court reversed the child support award due to the Department of Revenue's confession of error regarding the absence of a required Child Support Guidelines Worksheet, but affirmed the paternity determination and rejected Palewsky's claim to public defender representation.
The court reversed the child support award because it was issued without the mandatory Child Support Guidelines Worksheet, as required by Florida Family Law Rules of Procedure 12.285(j). The court affirmed the paternity determination because Palewsky did not contest it. The court also affirmed the denial of public defender representation because child support enforcement proceedings do not fall within the statutory categories authorizing public defender appointment.
[1] A child support award is erroneous when made without the benefit of a Child Support Guidelines Worksheet, as required by Florida Family Law Rule of Procedure 12.285(j).
[2] The mandatory language of Florida Family Law Rule of Procedure 12.285(j) regarding Child Support Guidelines Worksheets cannot be waived by the parties.
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Join FLexlaw to unlock all legal intelligence“If the case involves child support, the parties shall file with the court at or prior to a hearing to establish or modify child support a Child Support Guidelines Worksheet .... This requirement cannot be waived by the parties.”
Establishes the mandatory nature of the Child Support Guidelines Worksheet under Florida Family Law Rules of Procedure 12.285(j)
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Join FLexlaw to unlock all legal intelligenceA magistrate's report determined paternity and awarded child support to Rachel Miller through the Department of Revenue. The child support award was m…
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ON CONFESSION OF ERROR
Ari Palewsky appeals from an order approving a magistrate’s report determining paternity and awarding child support. On the Department of Revenue’s proper confession of error regarding the award of child support absent a child support guidelines worksheet, we reverse the support award and remand for an evidentiary hearing on the amount of support to be awarded. See Fla. Fam. L.R.P. 12.285(j) (“If the case involves child support, the parties shall file with the court at or prior to a hearing to establish or modify child support a Child Support Guidelines Worksheet .... This requirement cannot be waived by the parties.”); Durham v. Dep’t of Revenue ex rel Durham, 850 So.2d 653, 654 (Fla. 2d DCA 2003) (finding that “given the mandatory language of [Rule 12.285(j) ] it was error for the trial court to modify Durham’s child support without the benefit of a guidelines worksheet”). In light of the fact that Palewsky does not contest paternity, we affirm the order on review on that point. Finding no merit to his claim that he is entitled to representation by the Public Defender’s office, we affirm the remainder of the order. See § 27.51(1), Fla. Stat. (2010) (authorizing appointment of the public defender to represent any person determined to be indigent and who is under arrest for or charged with: a felony or misdemeanor authorized for prosecution by the state attorney; a violation of chapter 316 punishable by imprisonment; criminal contempt; a violation of a special law or county or municipal ordinance ancillary to a state charge, or if not ancillary to a state charge only if the public defender contracts with the county or municipality to provide representation); § 409.2557(1)-(2), Fla. Stat. (2010) (designating the Department of Revenue as the state agency responsible for child support enforcement under Title IV-D of the Social Security Act and authorizing the Department of Revenue to commence both judicial and administrative proceedings to determine paternity and establish child support).
The order on appeal is, therefore, affirmed in part and reversed in part and remanded for further proceedings consistent with this opinion.
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Ari Palewsky v. Fla. Dep't OF Revenue, 81 So. 3d 584 (Fla. 3d DCA 2012)…determine the proper child support award). As for the paternity determination, Pa-lewsky does not contest this issue on appeal, and, in addition, this Court has previously affirmed the lower court on this issue, Palewsky v. Department of Revenue, 61 So. 3d 1227 (Fla. 3d DCA 2011). This determination is law of the case and we therefore affirm. See Valsecchi v. Proprietors Ins. Co., 502 So. 2d 1310, 1311 (Fla. 3d DCA 1987) (recognizing that the law of case doctrine precludes consideration of points of law wh…
Authorities Cited
- Durham v. Dep't OF Revenue, 850 So. 2d 653 (Fla. 2d DCA 2003)