Florida BY: Emily K.

Link for opinion: http://www.lexisnexis.com.proxy.msbcollege.edu/hottopics/lnacademic/

Citation: 103 So. 3d 968; 2012 Fla. App. LEXIS 21614; 37 Fla. L. Weekly D 2857

The Florida Court of appeals did three things with the listed case. The case was reversed in part, affirmed in part, and remanded for further proceedings in a modification of child support case in the state of Florida.

A former wife filed several appeals on a previously determined child support case after a dissolution of marriage between her and her former husband.  The dissolution took place in 2003, and the former husband had been on time with child support payments, and even made advance payments throughout the years that totaled $23,000 in overpayment.

The former wife sought a modification after the children’s needs increased and the former husband’s salary also increased.  She was also seeking money for attorney’s fees in the course of the appeals. The first appeal awarded the former husband a credit for the overpayments he had initially paid, and the increase was not made retroactive. The request for attorney’s fees was also denied. 

After more appeals made by the former wife, the Court of Appeals reversed the credit that was initially awarded to the former husband, stating he was not entitled to the credit because there was never any agreement made between the parties for the additional advanced payments.

The former wife’s request for attorney’s fees was also denied.  The former husband’s child support payments rose, but the split on extracurricular activities of the children remain. Few other points have been remanded for further proceedings.