Posted by Nydia Streets of Streets Law in Florida Child Support
Keeping your own accounting of your Florida child support payments may help you save money and time that could be spent clearing up what are alleged to be delinquent payments. In the appellate case Robinson v. Robinson, 5D17-1109 (Fla. 5th DCA October 3, 2019), the former husband faced three separate appellate cases that centered around an accounting of how much child support he was accused of owing.
The parties entered a marital settlement agreement which obligated the former husband to pay child support and durational alimony. The former wife later filed a motion for contempt against the former husband alleging he failed to pay his share of certain medical, dental and optical expenses for the children. A hearing was held, but the court ran out of time before the former husband was able to put on a defense and before the alleged unpaid bills were entered into evidence. Nevertheless, the court entered an order that directed the former husband to bring current within 90 days any bills for which he had received documentation. Almost one year later, the court entered an order finding the former husband in contempt of the order on payments. The former husband appealed, arguing the order was too vague and imprecise under the circumstances to subject him to contempt. The appellate court agreed with him, holding “Here, the November 2, 2015 order requiring that Former Husband bring current, within ninety days, those expenses for which he had received documentation was too imprecise to subject Former Husband to the later adjudication of contempt for nonpayment of $3155.07 for the children's uncovered medical, dental, and optical expenses.”
Next, the former husband took issue with what appeared to be a failure to apply a credit owed to him for overpaid support. The former husband contended he was notified by the clerk of the court that he had a credit of over $4,000.00 for overpaid alimony which would be applied toward his continuing support obligations. Therefore the former husband stopped paying support and the former wife filed a motion for contempt. The court ordered the clerk to perform an accounting, but before waiting for the accounting to be performed, it entered an order finding the former husband in arrears on his child support over $6,000.00. The former husband argued it was error to do so when the accounting that would have reflected the credit due to him was still pending. The appellate court agreed and reversed this order.
Finally, the former husband appealed an order holding him in contempt of the aforementioned order showing his child support arrears were over $6,000.00. Based on the foregoing errors committed by the trial court, the appellate court agreed and reversed this order as well. If you need help sorting out the history of your child support payments and receiving the appropriate credit for all payments made, schedule a consultation with a Miami child support lawyer to go over your case.