State, Department of Revenue ex rel. Orr v. Orr

District Court of Appeal of Florida

State, Department of Revenue ex rel. Orr v. Orr

737 So. 2d 652, 1999 Fla. App. LEXIS 10634

CourtDistrict Court of Appeal of Florida

DecidedAugust 10, 1999

DocketNo. 98-4852

StatusPublished

This text of 737 So. 2d 652 (State, Department of Revenue ex rel. Orr v. Orr) 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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State, Department of Revenue ex rel. Orr v. Orr, 737 So. 2d 652, 1999 Fla. App. LEXIS 10634 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

The lower court erred in determining that the marital settlement agreement provided for automatic modification of child support upon each child attaining majority or emancipation and in making the child support modification retroactive. Department of Revenue v. Hall, 699 So.2d 1036 (Fla. 5th DCA 1997); Livingston v. Livingston, 686 So.2d 664 (Fla. 1st DCA 1996). Therefore, we reverse those portions of the modification order terminating support retroactive to the children’s 18th birthday or date of graduation from high school and setting the arrearage amount. On remand, the court must recalculate, the arrearage amount to include the vested but unpaid child support and should make specific findings to support its determination.

AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings.

BARFIELD, C.J., MINER and PADOVANO, JJ., CONCUR

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PER CURIAM.

The lower court erred in determining that the marital settlement agreement provided for automatic modification of child support upon each child attaining majority or emancipation and in making the child support modification retroactive. Department of Revenue v. Hall, 699 So.2d 1036 (Fla. 5th DCA 1997); Livingston v. Livingston, 686 So.2d 664 (Fla. 1st DCA 1996). Therefore, we reverse those portions of the modification order terminating support retroactive to the children’s 18th birthday or date of graduation from high school and setting the arrearage amount. On remand, the court must recalculate, the arrearage amount to include the vested but unpaid child support and should make specific findings to support its determination.

AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings.

BARFIELD, C.J., MINER and PADOVANO, JJ., CONCUR

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737 So. 2d 652, 1999 Fla. App. LEXIS 10634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-department-of-revenue-ex-rel-orr-v-orr-fladistctapp-1999.

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