Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

When a party wants to set aside a Florida paternity order, there are certain steps which must be followed by certain deadlines. If a party believes there is a basis to have an order overturned or reversed, that party may be able to seek relief under Florida Family Law Rule of Procedure 12.540. The case Williams v. Taylor, 3D19-1926 (Fla. 3d DCA May 27, 2020) examines those steps.

In 2013, the father filed a paternity action requesting a parenting plan. In 2014, the trial court entered a final judgment of paternity which reserved on time-sharing issues. Shortly thereafter the court entered an order adopting the father’s proposed parenting plan. Approximately one year later, the father filed a motion for contempt alleging the mother was not following the parenting plan. After other litigation between the parties, and four years after the final judgment of paternity was entered, the mother filed a motion to set aside the original final judgment and parenting plan, alleging the parenting plan was void under Florida Family Law Rule of Procedure 12.540(b).

The trial court entered an order setting aside the parenting plan and granting the mother’s motion, and the father appealed. The appellate court began with analyzing the difference between a void and a voidable judgment. “A void judgment is one that is entered, for example, without subject matter or personal jurisdiction, such as where there is lack of service of process. However, as [the father] contends, inconsistencies in an order or final judgment, as Taylor is alleging, do not render an order or judgment void.” Based on the language of Florida Rule of Family Law Procedure 12.540(b), the appellate court held “In the case before us, the parties relied on the Final Judgment of Paternity and Parenting Plan Order for over four years. The mother was represented by counsel and she could have sought to vacate the Final Judgment of Paternity and Parenting Plan Order within the one-year requirement of rule 1.540(b) or 12.540(b), but she failed to do so. Accordingly, we reverse the trial court’s order on appeal.”

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