ANN C. PALLADAY, APPELLANT,
v.
GARY J. PALLADAY, APPELLEE
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Florida courts must enforce arrearages from foreign divorce judgments that are not subject to modification in the foreign state, and may domesticate and modify foreign support decrees under Florida law.
A foreign support judgment may be enforced in Florida for arrearages not reduced to judgment in the foreign state if those arrearages are not subject to modification there, and the judgment may be domesticated and modified as a Florida decree.
[1] A foreign support judgment containing arrearages that are vested and not subject to modification in the foreign state may be enforced in Florida under principles of comit…
[2] A foreign support judgment may be domesticated in Florida and thereafter modified as a Florida decree.
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Join FLexlaw to unlock all legal intelligenceAnn Palladay appealed the dismissal of her action to domesticate, enforce, and modify a foreign divorce judgment containing alimony and child support …
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COWART, Judge.
This is an appeal from an order dismissing an action to domesticate, enforce and modify a foreign divorce judgment containing provisions for alimony and child support.
The trial court dismissed the action because the foreign decree was subject to modification in the foreign state and because alleged arrearages had not been reduced to judgment in the foreign state. The complaint alleged arrearages of alimony and child support and that under the laws of the foreign state such arrearages were vested and not subject to modification. Not only is Florida bound, under the federal full faith and credit clause, to recognize and enforce arrearages that have been reduced to judgment in a sister state but, under principles of comity, arrearages under a foreign judgment that have not been reduced to judgment there may be enforced here where, as in this case, they are not subject to modification by the sister state after they have accrued. Furthermore, a foreign support judgment may be first domesticated here and then, as a Florida decree, modified here. See Lopez v. Avery, 66 So. 2d 689 (Fla.1953); Sackler v. Sackler, 47 So. 2d 292 (Fla.1950); Berger v. Hollander, 391 So. 2d 716 (Fla. 2d DCA 1980); Fugassi v. Fugassi, 332 So. 2d 695 (Fla. 4th DCA 1976); Courtney v. Warner, 290 So. 2d 101 (Fla. 4th DCA 1974).
REVERSED AND REMANDED for further proceedings.
ORFINGER, C.J., and DAUKSCH, J., concur.
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Helmick v. Helmick, 436 So. 2d 1122 (Fla. 5th DCA 1983)…327 U.S. 220, 66 S.Ct. 556, 90 L.Ed. 635 (1946); Villano v. Harper, 248 So. 2d 205 (Fla. 3d DCA 1971). . See, e.g., Barber v. Barber, 323 U.S. 77, 65 S.Ct. 137, 89 L.Ed. 82 (1944); Sackler v. Sackler, 47 So. 2d 292 (Fla.1950); Palladay v. Palladay, 422 So. 2d 1108 (Fla. 5th DCA 1982); Courtney v. Warner, 290 So. 2d 101 (Fla. 4th DCA 1974). . See, e.g., Sackler; McDuffie v. McDuffie, 155 Fla. 63, 19 So. 2d 511 (1944). . See, e.g., Yarborough v. Yarborough, 290 U.S. 202, 54 S.Ct. 181, 78 L.Ed. 269 (1933) (chi…1 / 2
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Fabio v. Eusebio Monell, Jr., 594 So. 2d 782 (Fla. 5th DCA 1992)…former wife appeals the trial court's failure to make the modification of child support retroactive to the date of filing of the petition to establish and modi [*783] fy the foreign decree as a Florida judgment. We affirm. In Palladay v. Palladay, 422 So. 2d 1108 (Fla. 5th DCA 1982), we reversed the trial court for dismissing an action to domesticate, enforce and modify a foreign divorce judgment containing provisions for alimony and child support. In reversing the trial court we stated that “[a] foreign sup…
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Pettigrew v. Ellis D. Pettigrew, 518 So. 2d 986 (Fla. 3d DCA 1988)…t to effectuate this Order. For these reasons, we hold that the trial court had no basis on the face of the complaint to deny the establishment of the Arizona order for the purposes both of the assessment of vested arrearages, Palladay v. Palladay, 422 So. 2d 1108 (Fla. 5th DCA 1982); Fugassi v. Fugassi, 332 So. 2d 695 (Fla. 4th DCA 1976); Edgar v. Edgar, 126 So. 2d 585 (Fla. 2d DCA 1961), and of the establishment of the amounts due in the future unless appropriately modified. Lopez, 66 So. 2d at 691; Morin v…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lopez v. Avery, 66 So. 2d 689 (Fla. 1953)
- Courtney v. Warner, 290 So. 2d 101 (Fla. 4th DCA 1974)
- Fugassi v. Lucien A. Fugassi, 332 So. 2d 695 (Fla. 4th DCA 1976)
- Alford Moten v. State, 391 So. 2d 716 (Fla. 3d DCA 1980)
- Berger v. Hollander, 391 So. 2d 716 (Fla. 2d DCA 1980)