FABION WELSH
v.
DEPARTMENT OF REVENUE CHILD SUPPORT ENFORCEMENT AND SHANNAKAYE SHUSHANNA MORGAN WELSH
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Fabion Welsh appealed a final administrative child support order issued by the Florida Department of Revenue, claiming he did not receive proper notice and opportunity to be heard, and that the Department failed to credit him for health insurance premium payments. The Department confessed error, acknowledging it failed to properly account for health insurance costs in calculating child support as required by statute.
The final support order is reversed and remanded because the Department failed to properly account for the appellant's health insurance costs in calculating child support guidelines, as required by Florida Statute § 409.2563(5)(d). On remand, the Department must issue an amended proposed administrative support order factoring in health insurance costs, and the appellant may request an administrative hearing or informal discussion if he disagrees with the proposed order.
[1] A parent's documented costs for a child's health insurance must be factored into the child support guidelines calculation pursuant to Florida Statutes section 409.2563(5)…
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Join FLexlaw to unlock all legal intelligenceFabion Welsh received a final administrative support order from the Florida Department of Revenue Child Support Program. Welsh claimed he never receiv…
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Administrative appeal from the State of Florida, Department of Revenue, Child Support Program; L.T. Case Nos. 56210000854DR and CSE 2001669180.
Fabion Welsh, Port St. Lucie, pro se. Ashley Moody, Attorney General, and Toni C. Bernstein, Senior Assistant Attorney General, Tallahassee, for appellee Department of Revenue.
ON CONFESSION OF ERROR PER CURIAM.
Appellant Fabion Welsh appeals from a final administrative support order entered by the Florida Department of Revenue Child Support Program (“the Department”). Appellant contends that he did not receive a “Proposed Administrative Final Order” and was not given an opportunity to request a hearing prior to the issuance of the final administrative support order. He also challenges several of the order’s findings, including the failure to credit him for payment of his child’s health insurance premiums.
In response, the Department confesses error, noting that it did not properly account for Appellant’s information concerning health insurance costs in calculating child support. The Department maintains that it “should have issued an Amended Proposed Order, with accompanying amended child support guideline worksheets, factoring the health insurance costs into the child support guidelines,” consistent with section 409.2563(5)(d), Florida Statutes (2021).
Per the Department’s confession of error, the final support order is reversed and remanded for the issuance of an amended proposed administrative support order. Should Appellant disagree with the proposed order, Appellant may thereafter request an administrative hearing or contact the Department for an informal discussion. See § 409.2563(5)(c), Fla. Stat. (2021).
Reversed and remanded. MAY, CIKLIN and FORST, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.