McCray v. McCray

District Court of Appeal of Florida

McCray v. McCray

526 So. 2d 987, 13 Fla. L. Weekly 1320, 1988 Fla. App. LEXIS 2315, 1988 WL 55737

CourtDistrict Court of Appeal of Florida

DecidedJune 1, 1988

DocketNo. 87-1807

StatusPublished

Cited by1 cases

This text of 526 So. 2d 987 (McCray v. McCray) 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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McCray v. McCray, 526 So. 2d 987, 13 Fla. L. Weekly 1320, 1988 Fla. App. LEXIS 2315, 1988 WL 55737 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

Appellants appeal an order dismissing their petition for enforcement of support obligations which was brought in Madison County where the mother and children reside. Although the father admitted he did not make the required child support payments, the trial court declined to rule on the petition reasoning that the enforcement action should have been brought in Jefferson County, where the parties were divorced, rather than Madison County. However, section 61.17, Florida Statutes, a special venue statute, permits an action to enforce child support payments to be brought in the county where the mother, the person to whom the child support is payable, resides. Waterhouse v. Pringle, 68 So.2d 599 (Fla.1953); and Hughes v. Hughes, 441 So.2d 688 (Fla. 2nd DCA 1983).

REVERSED.

SMITH, C.J., and JOANOS and ZEHMER, JJ., concur.

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PER CURIAM.

Appellants appeal an order dismissing their petition for enforcement of support obligations which was brought in Madison County where the mother and children reside. Although the father admitted he did not make the required child support payments, the trial court declined to rule on the petition reasoning that the enforcement action should have been brought in Jefferson County, where the parties were divorced, rather than Madison County. However, section 61.17, Florida Statutes, a special venue statute, permits an action to enforce child support payments to be brought in the county where the mother, the person to whom the child support is payable, resides. Waterhouse v. Pringle, 68 So.2d 599 (Fla.1953); and Hughes v. Hughes, 441 So.2d 688 (Fla. 2nd DCA 1983).

REVERSED.

SMITH, C.J., and JOANOS and ZEHMER, JJ., concur.

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526 So. 2d 987, 13 Fla. L. Weekly 1320, 1988 Fla. App. LEXIS 2315, 1988 WL 55737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccray-v-mccray-fladistctapp-1988.

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