Some interesting questions about child support lately. They bear addressing in a public manner as many may find both the questions and answers helpful.
If an injured worker has multiple dates of accident, and thus multiple OJCC case numbers, does a request for child support data need to be filed in each such case number in anticipation of potential settlement?
The Short Answer (TSA) is No.
When an attorney submits a request for information on the past child support owed, this is merely a request for information. The process has not changed, all that changed is that the OJCC is now the source instead of Department of Revenue (DOR). When you submit a request, our staff will check the data we received from the DOR, and will then upload that information to the injured worker's case docket. That is the only effect of such a request. You ask for information, our district staff provides the information. When the information is uploaded to the docket, it is served to the counsel on the case also.
Requesting this data multiple times, that is by filing an identical request under each case number, is merely repetitive and accomplishes nothing (except making unnecessary work for our staff). It also begs the question in many cases, why are these OJCC cases not consolidated. There may be good reason, but ask yourself the question, what is that "good reason" in this case? Now, when the cases settle, a copy of the child support information should be included with each settlement motion or joint petition, see Rule 60Q6.123. If the cases are consolidated, then there will only be one motion or petition; consolidation saves everyone work.
We have also seen instances in which one attorney requests child support information on a claimant in a particular case, the data is researched and a report is uploaded and served on both attorneys. Then, within a matter of days (in one case I know of, that same day), the other attorney uploads a request for child support information. This is redundant and unnecessary. The data will not change hourly, and will be likely to change on a daily basis (our data from DOR is updated weekly, usually on Thursdays).
If an injured worker has no Social Security Number, or if the Social Security Number provided does not match their name and other data, what do we do?
TSA is just let us know.
We recognize that data will not always match. That is not a fatal flaw to the process, but not communicating what you know, up front, may lead to delay as our staff asks the questions that will inevitably follow.
We have attorneys submit requests for child support information, upon which they put the information that has become part of the case. This may include a Social Security Number (SSN) that does not "match" the injured worker. This may be because the injured worker has no SSN or it may be because a typographical error has occurred somewhere along the way. It may be because there has been a name-change.
Certainly, the easiest way for the OJCC to search for child support information is using the SSN. However, we can search for an injured worker in our DOR database using their name, date of birth, address, and other identifying information. This process is not as fast and easy as the SSN search, but it is a practical alternative way for our staff to do the necessary research.
A problem arises when we are provided a SSN, and that SSN results in a database response with a different person's name. This result will likely cause the district staff to pause and email the attorney(s) with the result that "the SSN you gave us does not match the Claimant's name." This response is an inquiry. Our staff cannot tell why the SSN does not match the name. They are not faulting you or complaining. It might be a name-change, a typographical error, or an invalid SSN. If you know one of these, or some other issue, to be the case, let us know when you file the request for child support information. Putting that explanation on the form, or even "no SSN," will save the time for an inquiry by our staff and a response by you or yours.
By giving the OJCC staff as much information as possible on the request form, you will expedite our response. If there are multiple addresses for the injured worker, provide them all. If the injured worker has changed names recently due to divorce, marriage, or otherwise, provide both names on the request form. If there is no SSN, simply say so. If you believe the SSN will not match the name for whatever reason, simply say so on the request for information form ("it is believed that this SSN is incorrect but it is provided as it is the only SSN provided"). The more we know, the easier it will be for us to be responsive to you.
As always, email me with questions, comments or ideas. david.langham@doah.state.fl.us
