DEPARTMENT OF REVENUE, APPELLANT,
v.
TIMEIKA DELOISE AQUAVIA LATTERY MCGILL AND LESLY ST. CLOU, APPELLEES
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The Florida Department of Revenue's appeal of a child support order is vacated because the administrative law judge was required to establish the father's child support obligation based on evidence presented at the hearing, not limited to the Department's proposed order.
An administrative law judge must establish a father's child support obligation based on evidence presented at the hearing, even if that evidence would increase the obligation beyond the Department's proposed order.
[1] An administrative law judge determining child support must base the obligation on evidence presented at the hearing rather than limiting it to amounts proposed by the Dep…
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Join FLexlaw to unlock all legal intelligenceThe Department of Revenue appealed a Final Administrative Support Order determining child support for Lesly St. Clou. New information developed at the…
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The Florida Department of Revenue raises two issues in this appeal of a Final Administrative Support Order determining the child support obligation of Appellee Lesly St. Clou (the father). In the first issue, the Department argues that the administrative law judge (ALJ) erred by concluding that he lacked authority to enter a support order exceeding the amounts set forth in the Department’s- Proposed Final Administrative Support Order based on new information developed at an evidential *585ry hearing that would increase the father’s child support obligation under the statutory child support guidelines. In the second issue, the Department argues that the Final Administrative Support Order is not supported by competent, substantial evidence. Consistent with our opinion in Department of Revenue v. Reyes, No. 1D15-707, 2015 WL 9584862 (Fla. 1st DCA December 31, 2015), we resolve both issues by concluding that the ALJ was required to establish the father’s child support obligation based on the evidence presented at the hearing. By limiting the father’s child support obligation to the amounts contained in the proposed order, notwithstanding the evidence presented, the Final Administrative Support Order is contrary to Florida law and not supported by competent, substantial evidence. Accordingly, we vacate the order and remand for further proceedings.
WETHERELL, ROWE, and RAY, JJ., concur.