SAUL AUGUSTO OJEDA EGUI
v.
DEPARTMENT OF REVENUE, CHILD SUPPORT PROGRAM

Fla. 3d DCA | 2024-11-20
No. 3D2024-0183
49 Fla. L. Weekly D1756 2024 FL 13203 Florida District Court of Appeal, Third District (2024) Positive Treatment
Cited by 1 case

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Synopsis

The Third District Court of Appeal affirmed the Department of Revenue's child support determination against Saul Augusto Ojeda Egui, holding that by failing to request an administrative hearing, he waived his right to challenge the sufficiency of evidence supporting the child support obligation.


Holding

By failing to request an administrative hearing and thereby waiving his right to a hearing, Ojeda Egui waived his ability to challenge the sufficiency of the evidence supporting the Department's determination of his child support obligations.


Headnotes

[1] Failure to request an administrative hearing in child support proceedings constitutes a waiver of the right to challenge the sufficiency of evidence supporting the Depart…

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Key Quotes

“Although the Father provided his financial information to the Department, he did not request an administrative hearing and therefore failed to fully participate in the proceedings below. By waiving his right to a hearing, the Father waived his ability to challenge the sufficiency of the evidence to support the Department's determination of his child support obligations.”

Establishes that failure to request an administrative hearing waives the right to challenge evidentiary sufficiency of child support determinations.

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Facts & Procedural History

Ojeda Egui provided financial information to the Department of Revenue, Child Support Program, but did not request an administrative hearing. The Depa…

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Opinion of the Court

PER CURIAM.

Affirmed. See Chavez v. Dep’t of Revenue, Child Support Program, 49 Fla. L. Weekly D1756, D1756 (Fla. 3d DCA Aug. 21, 2024) (“Although the Father provided his financial information to the Department, he did not request an administrative hearing and therefore failed to fully participate in the proceedings below. By waiving his right to a hearing, the Father waived his ability to challenge the sufficiency of the evidence to support the Department's determination of his child support obligations.”); see also § 742.10(4), Fla. Stat. (2024) (“[A] signed voluntary acknowledgment of paternity shall constitute an establishment of paternity and may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger . . . .”); § 742.18(1), Fla. Stat. (2024) (“[E]stablish[ing] circumstances under which a male may disestablish paternity or terminate a child support obligation when the male is not the biological father of the child.”).


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