DEPT. OF REVENUE, CHILD SUPPORT v. BAKER

No. 1D09-1929.

24 So.3d 1254 (2009)

FLORIDA DEPARTMENT OF REVENUE, CHILD SUPPORT ENFORCEMENT, o/b/o Tammy J. BAKER, Appellant, v. Harvey BAKER, Appellee.

District Court of Appeal of Florida, First District.

December 31, 2009.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, and William H. Branch, Assistant Attorney General, Tallahassee, for Appellant.

No appearance for Appellee.


WEBSTER, J.

The Florida Department of Revenue seeks review of a child support order which it asserts improperly restricted the Department's ability to intercept or retain appellee's future federal income tax refund to satisfy past-due child support under the tax refund intercept program (TRIP). We agree and reverse.

In January 2009, appellee, who owed back child support, sent a letter to the trial court requesting to "get [his] tax return back" so that he...

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