Birkmire v. Birkmire

District Court of Appeal of Florida

Birkmire v. Birkmire

CourtDistrict Court of Appeal of Florida

DecidedMay 29, 2017

Docket5D15-2893

StatusPublished

This text of Birkmire v. Birkmire (Birkmire v. Birkmire) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Birkmire v. Birkmire, (Fla. Ct. App. 2017).

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Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

ANN THERESA BIRKMIRE,

Appellant,

v. Case No. 5D15-2893

REX ALAN BIRKMIRE,

Appellee.

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Opinion filed June 2, 2017

Appeal from the Circuit Court for Seminole County, Jessica J. Recksiedier, Judge.

Dorothy J. McMichen, of McMichen, Cinami & Demps, PLLC, Orlando, for Appellant.

Marcia K. Lippincott, of Marcia K. Lippincott, P.A., Lake Mary, for Appellee.

PER CURIAM.

We determine that Appellant’s challenge to the order of modification of child

support is meritorious in one respect. The trial court erred in retroactively modifying

support to a date before the petition seeking the relief was filed. Galperin v. Galperin, 862

So. 2d 10, 12 (Fla. 2d DCA 2003). On remand, the court shall order the reduction in child support retroactive to December 4, 2012, and recalculate Appellee’s credit accordingly.

In all other respects, the judgment is affirmed.

AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

TORPY, EVANDER and WALLIS, JJ., concur.

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