Rule 12.491 Child Support Enforcement

(a) Limited Application. This rule is effective only when specifically invoked by administrative order of the chief justice for use in a particular county or circuit.

(b) Scope. This rule applies when a party seeking support is receiving services pursuant to Title IV-D of the Social Security Act (42 U.S.C. §§ 651 et seq.) or on administrative order of the chief justice when a party is not receiving Title IV-D services in proceedings for:

(1) the establishment, enforcement, or modification of child support; and

(2) the enforcement of any support order for the parent or other person entitled to receive child support in conjunction with an ongoing child support or child support arrearage order.

(c) Support Enforcement Hearing Officers. The chief judge of each judicial circuit must appoint support enforcement hearing officers for the circuit or any county within the circuit as necessary to expeditiously perform the duties prescribed by this rule. A Family Law Rules of Procedure hearing officer must be a member of The Florida Bar unless waived by the chief justice and serves at the pleasure of the chief judge and a majority of the circuit judges in the circuit.

(d) Assignment. On the filing of a cause of action or other proceeding for the establishment, enforcement, or modification of support to which this rule applies, the court or clerk of the circuit court must assign the proceedings to a support enforcement hearing officer, pursuant to procedures to be established by administrative order of the chief judge.

(e) General Powers and Duties. The support enforcement hearing officer shall be empowered to issue process, administer oaths, require the production of documents, and conduct hearings for the purpose of taking evidence. A support enforcement hearing officer does not have the authority to hear contested paternity cases. All grounds for disqualification of a judge apply to support enforcement hearing officers. On the receipt of a support proceeding, the support enforcement hearing officer must:

(1) designate a time and place for an appropriate hearing and give notice to each of the parties as may be required by law;

(A) The notice or order setting the cause for hearing must contain the following language in bold type: SHOULD YOU WISH TO SEEK REVIEW OF THE ORDER UPON THE RECOMMENDATIONS OF THE CHILD SUPPORT ENFORCEMENT HEARING OFFICER, YOU MUST FILE A MOTION TO VACATE WITHIN 15 DAYS FROM THE DATE OF ENTRY OF THE ORDER IN ACCORDANCE WITH FLORIDA FAMILY LAW RULE OF PROCEDURE 12.491(f). YOU WILL BE REQUIRED TO PROVIDE THE COURT WITH A RECORD SUFFICIENT TO SUPPORT YOUR POSITION OR YOUR MOTION WILL BE DENIED. A RECORD ORDINARILY INCLUDES A WRITTEN TRANSCRIPT OF ALL RELEVANT PROCEEDINGS. THE PERSON SEEKING REVIEW MUST HAVE THE TRANSCRIPT PREPARED FOR THE COURT’S REVIEW.

Family Law Rules of Procedure

(B) The notice or order setting a matter for hearing shall state whether electronic recording or a court reporter is provided by the court. If the court provides electronic recording, the notice shall also state that any party may provide a court reporter at that party’s expense.

(2) take testimony and establish a record, which record may be by electronic means as provided by Florida Rule of General Practice and Judicial Administration 2.535(h);

(3) accept voluntary acknowledgment of paternity and support liability and stipulated agreements setting the amount of support to be paid; and

(4) evaluate the evidence and promptly make a recommended order to the court. The order must set forth findings of fact.

(f) Entry of Order and Relief from Order. On receipt of a recommended order, the court must review the recommended order and enter an order promptly unless good cause appears to amend the order, conduct further proceedings, or reassign the matter back to the hearing officer to conduct further proceedings. If a court reporter was present, the recommended order must contain the name, telephone number, and e-mail address of the reporter. If the hearing was recorded and the litigant did not utilize a court reporter, the order must contain information as to how a litigant can obtain a copy of the recording. Any party affected by the order may move to vacate the order by filing a motion to vacate within 15 days from the date of entry. Any party may file a cross-motion to vacate within 5 days of service of a motion to vacate, provided, however, that the filing of a cross-motion to vacate must not delay the hearing on the motion to vacate unless good cause is shown. If applicable, a motion to vacate operates as a motion for rehearing under rule 12.530. A motion to vacate the order must be heard within 10 days after the movant applies for hearing on the motion.

(g) Modification of Order. Any party affected by the order may move to modify the order at any time.

Family Law Rules of Procedure

(h) Record. For the purpose of hearing on a motion to vacate, a record, substantially in conformity with this rule, must be provided to the court by the party seeking review.

(1) The record consists of the court file, including the transcript of the proceedings before the hearing officer, if filed, and all depositions and evidence presented to the hearing officer.

(2) The transcript of all relevant proceedings must be delivered to the judge and provided to opposing counsel not less than 48 hours before the hearing on the motion to vacate. If less than a full transcript of the proceedings taken before the hearing officer is ordered prepared by the moving party, that party shall promptly file a notice setting forth the portions of the transcript that have been ordered. The responding party must be permitted to designate any additional portions of the transcript necessary to the adjudication of the issues raised in the motion to vacate or crossmotion to vacate.

(3) The cost of the original and all copies of the transcript of the proceedings must be borne initially by the party seeking review, subject to appropriate assessment of suit monies. Should any portion of the transcript be required as a result of a designation filed by the responding party, the party making the designation must bear the initial cost of the additional transcript.