Florida Former Wife went to Department of Revenue for assistance in increasing child support received from Former Husband. Department of Revenue then filed a Supplemental Petition to increase child support, but case style does not have Department of Revenue as a party? DOR also did not file a motion to intervene. The Supplemental Petition is also not verified by Former Wife. Is a Motion to Dismiss the proper alleging DOR is not a party to the dissolution action? Does it matter that the Supplemental Petition not verified by Former Wife? Also, I am not sure Former Wife qualifies for Title IV-D assistance as her income is 2,200.00 per month.

If the DOR is involved in the collection of child support then they can bring court action against any party involved.

In Florida they handle the collection of child support. Your former wife is the one that most likely started it unless the DOR has a regular review process then it would be an automatic thing.




http://childsupportflorida.org/child-support-florida/

"Fla. Fam. L.R.P. Rule 12.030
Rule 12.030. Nonverification of Pleadings
Verification of pleadings shall be governed by Florida Rule of Civil Procedure 1.030 (https://a.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1005170&cite=FLSTRCPR1.030&originatingDoc=NDCE91F00A56B11DAABB2C3422F8B1766&refType=LQ&originationContext=document&transitionType=DocumentItem&contextData=(sc.Category))."

"Fla.R.Civ.P. Rule 1.030
Rule 1.030. Nonverification of Pleadings
Except when otherwise specifically provided by these rules or an applicable statute, every pleading or other document of a party represented by an attorney need not be verified or accompanied by an affidavit."

So no: it doesn't matter that the supplemental petition wasn't verified.

"Rule 12.180. Third-Party Practice

Third-party practice shall be governed by Florida Rule of Civil Procedure 1.180 (https://a.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1005170&cite=FLSTRCPR1.180&originatingDoc=NDE9F3370A56B11DAABB2C3422F8B1766&refType=LQ&originationContext=document&transitionType=DocumentItem&contextData=(sc.Category))."

Rule 1.180 essentially allows someone not a party to bring itself into the case if the judge permits it. I suspect that if OP were to move to dismiss the DOR, as being an "improper party", the DOR would have a lot of case law to support its position, and the judge would deny the motion in any event.