DANIEL ALBERT STANDARD
v.
STATE, DEPARTMENT OF REVENUE, ETC.
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An appellant who fails to participate in administrative child support proceedings by not returning financial forms and not requesting an administrative hearing waives the right to challenge the paternity and support order on appeal.
[1] A party who fails to return financial information forms and fails to request an administrative hearing in child support proceedings waives the right to appellate review o…
[2] Parents cannot contract away or waive a child's statutory right to child support through private agreement.
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Join FLexlaw to unlock all legal intelligence“parents may not contract away or waive the rights of their child for support”
The court rejected the appellant's assertion that a private agreement with the child's mother regarding retroactive child support was legally relevant.
The Department of Revenue issued an administrative paternity and support order against Daniel Albert Standard under Florida Statutes sections 409.256 …
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA _____________________________
No. 1D17-2231 _____________________________
DANIEL ALBERT STANDARD,
Appellant,
v. STATE, DEPARTMENT OF REVENUE, CHILD SUPPORT ENFORCEMENT PROGRAM and TARA LYNN CURTIS,
Appellees.
_____________________________
On appeal from an order rendered by the Department of Revenue.
August 3, 2018 PER CURIAM.
Appellant challenges on appeal the Department of Revenue’s administrative paternity and support order, entered in proceedings under sections 409.256 and 409.2563, Florida Statutes. Appellant seeks judicial review of the administrative order pursuant to sections 409.256(12) and 409.2563(10)(a).
Because Appellant failed to participate in the administrative proceedings by returning the forms for financial information supplied him by the Department and failed to request an
2
administrative hearing after notice of his right to do so and the consequences for failing to do so, Appellant has not preserved any issue for this Court’s appellate review. By waiving his right to a hearing, Appellant waived his ability to challenge the sufficiency of the evidence to support the Department’s determination of his child support obligations. See § 409.2563(7)(b), Fla. Stat.
Even if Appellant had preserved any issues for appellate review, the grounds he asserts for setting aside the administrative order would have no merit. We are required to affirm final agency action unless Appellant shows a ground for setting such action aside, as provided by section 120.68, Florida Statutes. § 120.68(8), Fla. Stat. Appellant fails to establish any of the statutory grounds. His assertion of an agreement with the child’s mother that no retroactive child support is owed is legally irrelevant because parents may not contract away or waive the rights of their child for support. Lancaster v. Lancaster, 228 So. 3d 1197, 1198 (Fla. 1st DCA 2017). Accordingly, the administrative paternity and support order is
AFFIRMED.
BILBREY, WINOKUR, and JAY, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________
Daniel Albert Standard, pro se, Appellant. Pamela Jo Bondi, Attorney General, Toni C. Bernstein, Senior Assistant Attorney General, and Carrie R. McNair, Assistant Attorney General, Tallahassee, for Appellees.
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Citator
Cited By
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Richards v. State of Fla. Dep't of Revenue Child Support Program & Saprell N. Frazier, 306 So. 3d 220 (Fla. 3d DCA 2020)
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Smith v. State of Fla. Dep't of Revenue, 394 So. 3d 711 (Fla. 3d DCA 2025)
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Bailey v. State (Fla. 1st DCA 2020)
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lancaster v. Lancaster, 228 So. 3d 1197 (Fla. 1st DCA 2017)