Posted by Nydia Streets of Streets Law in Florida Child Support
What is judgment on the pleadings in a Florida family law case? This is a motion that tests the legal sufficiency of a petition when there is no dispute as to the facts of the case. If this motion is granted, this means the court agrees that the petitioner has failed to allege relief the court can grant on the facts of the case. In Hilbrands v. Hilbrands, 2D20-1325 (Fla. 2d DCA May 14, 2021), the appellate court considered the appeal of a judgment on the pleadings regarding a request to modify child support and alimony.
The parties were divorced, and as part of their final judgment, the former husband was ordered to pay lump sum alimony to the former wife in the form of a cell tower lease, as well as child support. Ten years after entry of the final judgment, the former husband sought to modify the alimony and child support, alleging as a substantial change in circumstances that the former wife was earning significant monthly income and was receiving in-kind support provided by her new spouse. The former wife moved for judgment on the pleadings, and the trial court granted the motion. The former husband appealed.
The appellate court upheld the judgment with regard to alimony. With regard to child support, the court reversed, holding that since there was a factual dispute raised as to the former wife’s changed income, judgment on the pleadings was not appropriate. The appellate court noted, however, “To the extent Former Husband argues that Former Wife's remarriage constitutes grounds for modification of child support, he is mistaken. Remarriage generally is not relevant to a child support modification action.”
Modifying child support or alimony in Florida requires review of specific factors. Schedule a consultation with a Miami divorce lawyer for a review of your case.