LINDA F. CARROLL, APPELLANT,
v.
BERNIE R. CARROLL, APPELLEE
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PER CURIAM.
The final order of child support under review which was entered below in an action brought under the Uniform Reciprocal Enforcement of Support Act [ch. 88, Fla. Stat. (1981)] is reversed and the cause is remanded to the trial court for further proceedings.
The order appealed from is, in our view, defective in two respects. First, the said order requires the ordered child support payments to be paid directly to the child’s mother [appellant Linda F. Carroll], rather than the court system of the initiating state as more particularly described in Section 88.241, Florida Statutes (1981). Secondly, the said order adjudicates visitation rights for the father [appellee, Bernie R. Carroll] and conditions the ordered child support payments upon the allowance of such visitation rights by the mother Linda F. Carroll, although neither of these provisions in the order is authorized under the Uniform Reciprocal Enforcement of Support Act. Vecellio v. Vecellio, 313 So. 2d 61 (Fla.4th DCA 1975). It follows, then, that the order appealed from must be reversed and the cause remanded to the trial court with directions to modify the order under review in accordance with the views expressed in this opinion.
Reversed and remanded.
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Jones v. Arlen Jones, 471 So. 2d 1363 (Fla. 3d DCA 1985)…port Act (URESA). §§ 88.011-88.371, Fla.Stat. (1983). Under URESA the court may address only matters of support and may not consider issues pertaining to visitation. State ex rel. Rock v. Rock, 429 So. 2d 1351 (Fla. 2d DCA 1983); Carroll v. Carroll, 415 So. 2d 102 (Fla. 3d DCA 1982); Leland v. Fricke, 376 So. 2d 432 (Fla. 1st DCA 1979). Furthermore, the court may not condition the payment of support upon the granting of visitation. Rock; Carroll; Leland. Accordingly, we hold that the trial court erred in addr…
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State v. Ridge, 483 So. 2d 766 (Fla. 5th DCA 1986)…issues pertaining to visitation. Jones v. Jones, 471 So. 2d 1363 (Fla. 3d DCA 1985); State ex rel. Rock v. Rock, 429 So. 2d 1351 (Fla. 2d DCA 1983); Fla. Dept. of H.R.S. o/b/o Ciferni v. Ciferni, 429 So. 2d 92 (Fla. 2d DCA 1983); Carroll v. Carroll, 415 So. 2d 102 (Fla.3d DCA 1982); Leland v. Fricke, 376 So. 2d 432 (Fla. 1st DCA 1979); Vecellio v. Vecellio, 313 So. 2d 61 (Fla. 4th DCA 1975). Furthermore, the court may not condition the payment of support upon the granting of visitation. See Newbold v. Newbold…
Authorities Cited
- Loehe v. State, 313 So. 2d 61 (Fla. 2d DCA 1975)