Brown v. Holmes
This text of 31 So. 3d 955 (Brown v. Holmes) 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.
Opinion
Jennifer L. Brown brings a consolidated appeal of two post-dissolution orders entered by the trial court. We affirm the Stipulated Order on Attorney Fees without further discussion. We affirm the trial court’s interpretation of the debt provisions of the marital settlement agreement except for the court’s failure to give the former wife credit for the debts totaling the amount of $8,307.62 which she was assigned to pay. It is undisputed that either these debts have been satisfied or the former wife is still solely obligated to pay the debts. In either event, she should have received appropriate credit. Finally, we reverse the trial court’s modification of child support. No pleading was filed seeking that relief and the former wife was not given appropriate notice or an opportunity to defend the reduction of child support. Newberry v. Newberry, 831 So.2d 749 (Fla. 5th DCA 2002); Sohacki v. Sohacki, 657 So.2d 41 (Fla. 1st DCA 1995). The mere mention of child support in a proceeding-does not authorize the trial court to modify child support without notice nor does that mere mention constitute the implied consent to try the issue. Newberry, 831 So.2d at 751.
AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
31 So. 3d 955, 2010 Fla. App. LEXIS 4926, 2010 WL 1407379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-holmes-fladistctapp-2010.