Clarke v. Clarke

District Court of Appeal of Florida

Clarke v. Clarke

644 So. 2d 178, 1994 Fla. App. LEXIS 10470, 1994 WL 588145

CourtDistrict Court of Appeal of Florida

DecidedOctober 28, 1994

DocketNo. 94-228

StatusPublished

This text of 644 So. 2d 178 (Clarke v. Clarke) 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.

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Clarke v. Clarke, 644 So. 2d 178, 1994 Fla. App. LEXIS 10470, 1994 WL 588145 (Fla. Ct. App. 1994).

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Opinion

PER CURIAM.

Deborah K. Clarke (the mother) appeals the trial court’s order awarding her the sum of $400 per month in child support. Upon review of the instant record, and based on the unique facts and circumstances of this ease, we conclude that the trial court did not abuse its discretion in entering this award. The trial court did err, however, in refusing to award the child support retroactive to the date the mother’s support was originally terminated, June 19, 1992, because the need for child support and the ability to pay have been continuously present since that date. See Witcher v. Petty, 534 So.2d 1240, 1242 (Fla. 5th DCA 1988); Perdue v. Perdue, 506 So.2d 72, 73 (Fla. 5th DCA 1987). Accordingly, we remand this , cause with directions that the trial court amend its order to make the child support award retroactive to June 1992.

AFFIRMED in part; REVERSED in part; REMANDED with directions.

COBB, W. SHARP and DIAMANTES, JJ., concur.

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PER CURIAM.

Deborah K. Clarke (the mother) appeals the trial court’s order awarding her the sum of $400 per month in child support. Upon review of the instant record, and based on the unique facts and circumstances of this ease, we conclude that the trial court did not abuse its discretion in entering this award. The trial court did err, however, in refusing to award the child support retroactive to the date the mother’s support was originally terminated, June 19, 1992, because the need for child support and the ability to pay have been continuously present since that date. See Witcher v. Petty, 534 So.2d 1240, 1242 (Fla. 5th DCA 1988); Perdue v. Perdue, 506 So.2d 72, 73 (Fla. 5th DCA 1987). Accordingly, we remand this , cause with directions that the trial court amend its order to make the child support award retroactive to June 1992.

AFFIRMED in part; REVERSED in part; REMANDED with directions.

COBB, W. SHARP and DIAMANTES, JJ., concur.

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644 So. 2d 178, 1994 Fla. App. LEXIS 10470, 1994 WL 588145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clarke-v-clarke-fladistctapp-1994.

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