Opinion
3D24-158
09-18-2024
Christian Rodriguez Fernandez, Appellant, v. Department of Revenue, Child Support Program, et al., Appellees.
Christian Rodriguez Fernandez, in proper person. Ashley Moody, Attorney General, and Toni C. Bernstein, Senior Assistant Attorney General (Tallahassee), for appellee Department of Revenue.
Not final until disposition of timely filed motion for rehearing.
An appeal from the State of Florida Department of Revenue, Child Support Program Lower Tribunal Nos. 2001789830, 13230013006FC.
Christian Rodriguez Fernandez, in proper person.
Ashley Moody, Attorney General, and Toni C. Bernstein, Senior Assistant Attorney General (Tallahassee), for appellee Department of Revenue.
Before MILLER, LOBREE, and GOODEN, JJ.
MILLER, J.
Appellant, Christian Rodriguez Fernandez, the father, appeals from a final administrative paternity and support order rendered by the Florida Department of Revenue, Child Support Program (the "Department"), without a hearing. On appeal, the father requests a reduction in his monthly child support obligation. The father failed to request an administrative hearing; thus, the Department was authorized to enter the final order. See § 409.2563(7)(b)-(c), Fla. Stat. (2023). Finding that the record supports the imputation of income, we affirm. We do so, however, without prejudice. As commendably conceded by the Department, the father may seek an administrative modification of the final order as set forth in section 409.2563(12) or he may file an action to obtain a superseding order in the circuit court pursuant to section 409.2563(10)(c). See Brookshire v. Dep't of Revenue, Child Support Enf't, 288 So.3d 709, 710 (Fla. 4th DCA 2020).
Affirmed.