Posted by Nydia Streets of Streets Law in Florida Child Support

When a parent fails to exercise time-sharing in accordance with a Florida parenting plan, that parent may be at risk of having his or her child support obligation retroactively increased starting from the date the parent stopped regularly exercising his or her time-sharing. But what happens when there is a typo in the parenting plan regarding the amount of overnights spent by the parent paying child support? This was at issue in the case Coriat v. Coriat, 3D19-904 (Fla. 3d DCA July 8, 2020).

The parties each filed competing petitions for modification of their parenting plan and of child support. The former wife essentially contended that the parties’ final judgment of divorce contained a typo in that the former husband’s child support obligation was calculated based on him exercising 146 overnights per year, while the parenting plan only provided him 82 overnights with the parties’ children per year. The general magistrate conducted a hearing on the parties’ petitions and found there was no substantial change in circumstances to warrant increasing the former husband’s time-sharing and the former husband exercised only the approximately 82 overnights per year in accordance with the parenting plan. The general magistrate recommended that the child support be recalculated to reflect the former husband’s 82 overnights instead of the 146, retroactive to the date of entry of the final judgment.

The former husband filed exceptions to the general magistrate’s report, which the trial court denied. The former husband then appealed, contesting the denial of his request to modify time-sharing and the decision to increase his child support retroactive to the date of the final judgment. The appellate court affirmed the parenting plan issue, but reversed as to the retroactive ruling. The court held “There is competent, substantial evidence in the record to support the modification of child support. Yet, ‘modifications are generally retroactive to the date of the supplemental petition.’ Smith v. Smith, 273 So. 3d 1168, 1171 (Fla. 1st DCA 2019) (citing Miles v. Champlin, 805 So. 2d 1085, 1087 (Fla. 1st DCA 2002)). ‘[S]ection 61.30(11)(c) provides an exception to that general rule, allowing retroactivity 'to the date the noncustodial parent first failed to regularly exercise the court-ordered or agreed time-sharing schedule.'‘ Id.; see § 61.30(11)(c), Fla. Stat. (2019). Here, the court found that the parties had exercised a timesharing schedule consistent with the parenting plan filed in 2013. Absent the Former Husband's failure to exercise the agreed parenting plan, the court's application of this exception was error as a matter of law. We reverse the modification of child support, in part, as the modification should only be retroactive to the date of the supplemental petition.”

Application of rules to each Florida family law case requires specific analysis. Schedule a consultation with a Miami child custody lawyer to receive specific advice about your case.