Onye v. Dept. of Revenue

District Court of Appeal of Florida

Onye v. Dept. of Revenue

CourtDistrict Court of Appeal of Florida

DecidedDecember 23, 2015

Docket14-2519

StatusPublished

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Bluebook

Onye v. Dept. of Revenue, (Fla. Ct. App. 2015).

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Opinion

Third District Court of Appeal State of Florida

Opinion filed December 23, 2015. Not final until disposition of timely filed motion for rehearing.

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No. 3D14-2519 Lower Tribunal Nos. 14-1709 & 1277362203 ________________

Hope Madu Onye, Appellant,

vs.

Department of Revenue o/b/o Johnnel E. Missick, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Martin Shapiro, Judge.

Hope Madu Onye, in proper person.

No appearance, for appellee.

Before ROTHENBERG, SALTER and LOGUE, JJ.

LOGUE, J.

We reverse the award of retroactive child support because the record is

silent as to whether the former husband and the former wife resided together with the children during the period of retroactivity. See Motie v. Motie, 132 So. 3d

1210, 1214-15 (Fla. 5th DCA 2014); see also § 61.30(17), Fla. Stat. (2014). We

affirm the trial court’s order on all other grounds.

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