Davis v. Swatts

556 So. 2d 467, 1990 WL 7624
CourtDistrict Court of Appeal of Florida
DecidedJanuary 31, 1990
Docket89-586
StatusPublished
Cited by4 cases

This text of 556 So. 2d 467 (Davis v. Swatts) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. Swatts, 556 So. 2d 467, 1990 WL 7624 (Fla. Ct. App. 1990).

Opinion

556 So.2d 467 (1990)

Doretha DAVIS, and the State of Florida Department of Health and Rehabilitative Services, Appellants,
v.
Mary SWATTS, Appellee.

No. 89-586.

District Court of Appeal of Florida, First District.

January 31, 1990.

Joseph R. Boyd and William H. Branch of Boyd & Branch, P.A., Chriss Walker, Dept. of HRS, Tallahassee, for appellants.

J. Riley Davis of Taylor, Brion, Buker & Greene, Tallahassee, for appellee.

MINER, Judge.

At issue in this appeal is whether the trial court erred in denying a petition for support brought by HRS pursuant to Chapter 409, Florida Statutes for reimbursement of AFDC benefits.[1] For the reasons appearing hereafter, we reverse and remand with directions.

On October 14, 1988, appellants filed a petition for support against appellee, Mary Swatts. The petition alleged that appellee *468 owed a legal duty to support her four-year old daughter, Tashundra Brown. Appellants further alleged that although appellee had the ability to provide support for her daughter, the child was living with her grandmother, Doretha Davis, and was receiving AFDC benefits. The petition asked for reimbursement of HRS' past support contributions as well as an order requiring appellee to make future support payments in an amount deemed reasonable by the court.

On December 27, 1988, appellee responded by filing a letter. She stated that she was a single parent with four children and that Tashundra lived with her mother, Doretha Davis, because Ms. Davis had health problems and had been living alone. Since Ms. Davis lived down the street from appellee in the same residence complex, appellee was always available for Tashundra. Appellee stated further that she had not neglected Tashundra and had provided monetary support. She also asserted that Tashundra's father paid the state $82 per month as child support and that she was not aware that she was responsible for any specific amount of child support. With her letter, she submitted a financial affidavit reflecting a net monthly income of $666.84, which total did not include receipt of $67.90 per month for child support. Her monthly expenses totaled just over $600.

A hearing was held on January 25, 1989. According to the statement of facts filed in the circuit court, it was established that Mary Swatts was the biological mother of Tashundra Brown and that Tashundra was residing with her maternal grandmother, Ms. Davis, who received monthly AFDC benefits for the child's support. The appellee argued that Tashundra lived with Ms. Davis due to Ms. Davis' poor health. HRS responded that appellee had a duty to support her child, that she had the ability to do so, and that the mere fact that the child might assist Ms. Davis did not relieve appellee from her duty to provide support. In denying the petition, the trial court reasoned that the arrangement should continue so that the state would not be required to pay for Ms. Davis' nursing care. From the trial court's denial of the petition this appeal then ensued.

Citing to the public policy of the state as enunciated in section 409.2551, Florida Statutes (1987), that "children shall be maintained from the resources of their parents", HRS argues that AFDC benefits paid to help support appellee's minor child imposes on appellee an obligation to reimburse the state for benefits paid. Since there is no prior support order establishing appellee's obligation, the appellant argues that section 409.2561(1), Florida Statutes (Supp. 1988) requires the court to determine the extent of appellee's support responsibility. HRS concludes that the court's refusal to order reimbursement of amounts previously paid in AFDC benefits and its denial of the petition to establish appellee's ongoing support obligation is speculative, without statutory basis, and stems from the court's understandable albeit irrelevant concern about allocation of state resources; i.e., whether to support Ms. Davis through AFDC payments to her live-in granddaughter or by paying for her nursing care.

Appellee maintains that applicable provisions of Chapter 409 are intended to assist in those situations where a parent under a support obligation fails to carry out the obligation. She argues that the statutes do not require reimbursement from a parent who has no court-ordered support obligation, and only allow HRS to seek reimbursement from an "obligor". § 409.2561(1), Fla. Stat. (Supp. 1988). The statute defines "obligor" as "a person who is responsible for making support payments pursuant to an alimony or child support order." § 409.2554(6), Fla. Stat. (Supp. 1988). Clearly, she says, an obligor is a noncustodial parent responsible for support payments. Since she is not within this definition, she argues that the trial court was correct in refusing to order reimbursement. Lastly, she argues that the record is devoid of evidence demonstrating her ability to pay either reimbursement or ongoing support.

The question in this case as we see it is whether a parent can be held liable for reimbursement when that parent is not under *469 a support obligation. Receipt of AFDC benefits constitutes an assignment to HRS of any right to support the recipient may be owed "from any other person." § 409.2561(2)(a)(1), Fla. Stat. (Supp. 1988). Moreover, HRS is subrogated to the right of the dependent child or custodian of the child to maintain a support action and to obtain reimbursement of public assistance paid, being paid, or to be paid. § 409.2561(3), Fla. Stat. (Supp. 1988). Section 409.2561(1), Florida Statutes (Supp. 1988), provides in pertinent part:

Any payment of public assistance money made to, or for the benefit of, any dependent child creates an obligation in an amount equal to the amount of public assistance paid... . The obligor shall discharge the reimbursement obligation... . If there is no prior court order establishing an obligation of support, the court shall establish the liability of the obligor, if any, for reimbursement of public assistance monies paid.

(Emphasis added.)

The use of the term "obligor" is troublesome in light of the fact that this term is defined as "a person who is responsible for making support payments pursuant to an alimony or child support order."[2] § 409.2554(6), Fla. Stat. (Supp. 1988). This allows appellee to argue that she cannot be held liable for reimbursement because she is not an "obligor" who was liable for support payments pursuant to an order. Support for such a position can be found in Sapp v. Daniels, 520 So.2d 641 (Fla. 1st DCA 1988). In Sapp, a mother received AFDC benefits for her child. When HRS brought a paternity action and the father admitted paternity, HRS sought reimbursement of the AFDC benefits from the father. The trial court entered an order which split the responsibility for reimbursement between the father and the mother. On appeal, this court reversed, stating:

It is clear from the plain meaning of [section 409.2561(1)] that the legislature intended for only the obligor, e.g., the noncustodial parent responsible for support payments, to reimburse the state for public assistance monies provided to the child.

Id. at 642 (emphasis in original.) The court found that the mother, a custodial parent, could not be considered an "obligor" and thus, could not be held liable for reimbursement. See also Jones v. Ross, 529 So.2d 1159 (Fla. 1st DCA 1988).

In HRS v. D'Andrea, 542 So.2d 1369 (Fla. 2d DCA 1989), the Second District faced a similar situation. In D'Andrea,

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Bluebook (online)
556 So. 2d 467, 1990 WL 7624, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-swatts-fladistctapp-1990.