Disqualification of D.O.R. as Counsel Reversed

The First District Court, in an opinion issued yesterday in Dept. of Revenue v. Collingwood and Gray reversing the lower tribunal's ruling that the Department of Revenue was prohibited from representing a father seeking modification of support based on the father's unclean hands due to child support arrears. The Mother below, a former DOR client, had asked for disqualification of the D.O.R. based on conflict of interest. The Court granted the motion, but on the grounds that the father was in arrears and "it would be inequitable to allow the department to represent him against the mother, and that the department's efforts should be directed at enforcement of the existing support order." The First District first explained that there was no conflict, as the DOR's counsel represents the department and not either parent. As to the child support arrears, the Court of Appeal found that the statutory requirement of a review of child support obligations every three years and modification if appropriate is not linked to whether the payor is current in support payments.