Department of Revenue v. Dagmara Darias and Reinaldo Rodriguez

District Court of Appeal of Florida

Department of Revenue v. Dagmara Darias and Reinaldo Rodriguez

181 So. 3d 584

CourtDistrict Court of Appeal of Florida

DecidedJanuary 5, 2016

Docket15-0713

StatusPublished

This text of 181 So. 3d 584 (Department of Revenue v. Dagmara Darias and Reinaldo Rodriguez) 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

Department of Revenue v. Dagmara Darias and Reinaldo Rodriguez, 181 So. 3d 584 (Fla. Ct. App. 2016).

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Opinion

PER CURIAM.

The Florida Department of Revenue raises two issues in this appeal of a Final Administrative Support Order determining the child support obligation of Appellee Lesly St. Clou (the father). In the first issue, the Department argues that the administrative law judge (ALJ) erred by concluding that he lacked authority to enter a support order exceeding the amounts set forth in the Department’s- Proposed Final Administrative Support Order based on new information developed at an evidential *585 ry hearing that would increase the father’s child support obligation under the statutory child support guidelines. In the second issue, the Department argues that the Final Administrative Support Order is not supported by competent, substantial evidence. Consistent with our opinion in Department of Revenue v. Reyes, No. 1D15-707, 2015 WL 9584862 (Fla. 1st DCA December 31, 2015), we resolve both issues by concluding that the ALJ was required to establish the father’s child support obligation based on the evidence presented at the hearing. By limiting the father’s child support obligation to the amounts contained in the proposed order, notwithstanding the evidence presented, the Final Administrative Support Order is contrary to Florida law and not supported by competent, substantial evidence. Accordingly, we vacate the order and remand for further proceedings.

WETHERELL, ROWE, and RAY, JJ., concur.

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PER CURIAM.

The Florida Department of Revenue raises two issues in this appeal of a Final Administrative Support Order determining the child support obligation of Appellee Lesly St. Clou (the father). In the first issue, the Department argues that the administrative law judge (ALJ) erred by concluding that he lacked authority to enter a support order exceeding the amounts set forth in the Department’s- Proposed Final Administrative Support Order based on new information developed at an evidential *585 ry hearing that would increase the father’s child support obligation under the statutory child support guidelines. In the second issue, the Department argues that the Final Administrative Support Order is not supported by competent, substantial evidence. Consistent with our opinion in Department of Revenue v. Reyes, No. 1D15-707, 2015 WL 9584862 (Fla. 1st DCA December 31, 2015), we resolve both issues by concluding that the ALJ was required to establish the father’s child support obligation based on the evidence presented at the hearing. By limiting the father’s child support obligation to the amounts contained in the proposed order, notwithstanding the evidence presented, the Final Administrative Support Order is contrary to Florida law and not supported by competent, substantial evidence. Accordingly, we vacate the order and remand for further proceedings.

WETHERELL, ROWE, and RAY, JJ., concur.

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Bluebook (online)

181 So. 3d 584, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-revenue-v-dagmara-darias-and-reinaldo-rodriguez-fladistctapp-2016.

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