Cohen v. Cohen

District Court of Appeal of Florida

Cohen v. Cohen

559 So. 2d 1299, 1990 Fla. App. LEXIS 2805, 1990 WL 49849

CourtDistrict Court of Appeal of Florida

DecidedApril 24, 1990

DocketNo. 89-1860

StatusPublished

This text of 559 So. 2d 1299 (Cohen v. Cohen) 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

Cohen v. Cohen, 559 So. 2d 1299, 1990 Fla. App. LEXIS 2805, 1990 WL 49849 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

We reverse that part of the trial court order domesticating a New York marriage dissolution decree which called for automatic increases in the former husband’s child support obligation as his salary increased because it appears that particular portion of the original New York judgment was superceded by a later order of the New York court which eliminated the automatic increase provision. Upon domesticating the out-of-state judgment, the former wife failed to bring this modification of the original New York judgment to the Florida trial court’s attention.

Accordingly, the child support arrearage is reversed without prejudice to the mother's right to show any arrearage which may be owing under the New York decree as amended. Additionally, the custodial mother may seek modification on a change in circumstances.

[1300]*1300Affirmed in part, reversed in part and remanded.

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PER CURIAM.

We reverse that part of the trial court order domesticating a New York marriage dissolution decree which called for automatic increases in the former husband’s child support obligation as his salary increased because it appears that particular portion of the original New York judgment was superceded by a later order of the New York court which eliminated the automatic increase provision. Upon domesticating the out-of-state judgment, the former wife failed to bring this modification of the original New York judgment to the Florida trial court’s attention.

Accordingly, the child support arrearage is reversed without prejudice to the mother's right to show any arrearage which may be owing under the New York decree as amended. Additionally, the custodial mother may seek modification on a change in circumstances.

[1300]*1300Affirmed in part, reversed in part and remanded.

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Bluebook (online)

559 So. 2d 1299, 1990 Fla. App. LEXIS 2805, 1990 WL 49849, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohen-v-cohen-fladistctapp-1990.