Department of Revenue ex rel. Welshans v. Pericola

I concur with Judge Peterson’s opinion in the case, but write simply to clarify the rationale, as I see it. The Department of Revenue has been subrogated to the rights of the support. obligee to the extent public assistance payments have been made to, or for the benefit of a dependent child. § 409.2561, Fla.Stat. (1993); Department of Health and Rehabilitative Services v. Prince, 601 So.2d 588 (Fla. 5th DCA 1992). With regard to those payments, it is not bound by any judgment to which it was not a party, nor any stipulation it did not join in. However, the amount of reimbursement to which the…