Florida Department of Revenue v. Scotty Weaver And Kelly Michelle Knapik , 2016 Fla. App. LEXIS 5795 ( 2016 )

IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
FLORIDA DEPARTMENT OF NOT FINAL UNTIL TIME EXPIRES TO
REVENUE, FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
Appellant,
v. CASE NO. 1D15-3926
SCOTTY WEAVER AND
KELLY MICHELLE KNAPIK,
Appellees.
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Opinion filed April 8, 2016.
An appeal from an order of the Florida Department of Revenue.
Pamela Jo Bondi, Attorney General, and Toni C. Bernstein, Senior Assistant
Attorney General, Tallahassee, for Appellant.
No Appearance for Appellees.
PER CURIAM.
The Florida Department of Revenue raises two issues in this appeal of a Final
Administrative Support Modification Order determining the child support obligation
of Appellee Scotty Weaver (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 Order to Modify Administrative Support Order based on new information
developed at an evidentiary 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, 181 So. 3d 1270 (Fla. 1st DCA 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.
ROBERTS, C.J., SWANSON, and KELSEY, JJ., CONCUR.
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