MANUEL GONZALEZ-GOENAGA, APPELLANT,
v.
LETICIA BRUNET GONZALEZ, APPELLEE

Fla. 3d DCA | 1983-02-01
No. 82-644
Per Curiam
426 So. 2d 1106 Florida District Court of Appeal, Third District (1983) Positive Treatment
Cited by 4 cases

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Synopsis

Father's obligation to support child until age twenty-one under foreign jurisdiction's law is enforceable in Florida under URESA despite Florida's age-eighteen cutoff.


Holding

A father adjudicated in a foreign jurisdiction to support his children until age twenty-one remains obligated under that foreign law when enforced in Florida through URESA, notwithstanding Florida's age-eighteen support requirement.


Headnotes

[1] A support obligation imposed by a foreign jurisdiction remains enforceable in Florida under URESA notwithstanding the obligor's relocation to Florida, even if Florida law…

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Facts & Procedural History

A father was previously adjudicated in a foreign jurisdiction to support his children until age twenty-one. He subsequently moved to Florida, which re…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from a judgment for arrearages and establishment of monthly support to be made by a father under the Uniform Reciprocal Enforcement Support Act (URESA) (Chapter 88 Florida Statutes 1979).

The father contends, among other things, that he could not be required under this chapter to pay support for one of his children who had reached the age of eighteen. In a foreign jurisdiction the father had been previously adjudicated responsible for support of his children until each of them reached the age of twenty-one. The mere fact that the father has moved to this jurisdiction which requires support only to age eighteen will not defeat his obligation required under the law of the foreign jurisdiction which is now being enforced in Florida. Compare the reasoning found in Cochran v. Cochran, 263 So. 2d 292 (Fla. 2d DCA 1972).

The other points urged for reversal are found to be without merit. Kirby v. Kirby, 405 So. 2d 207 (Fla. 3d DCA 1981); Stephens v. Stephens, 402 So. 2d 1301 (Fla. 1st DCA 1981); Grosse v. Grosse, 347 So. 2d 1099 (Fla. 2d DCA 1977); Fugassi v. Fugassi, 332 So. 2d 695 (Fla. 4th DCA 1976); Vecellio v. Vecellio, 313 So. 2d 61 (Fla. 4th DCA 1975) Cochran v. Cochran, supra; Warrick v. Hender, 198 So. 2d 348 (Fla. 4th DCA 1967); Watson v. Dreadin, 309 A. 2d 493 (D.C.1973); Section 88.101 Florida Statutes (1979).

Therefore the judgment and order of support are hereby affirmed.

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Elortegui v. Elortegui, 616 So. 2d 69 (Fla. 3d DCA 1993)
    …hat is true, although the judgment is based on a cause of action which could not be lawfully enforced in the State in which enforcement of the judgment is sought. Art. 4, § 1, U.S. Constitution. This appellate court in Gonzalez-Goenaga v. Gonzalez, 426 So. 2d 1106 (Fla. 3d DCA 1983), decided: The mere fact that the father has moved to this jurisdiction which requires support only to age eighteen will not defeat his obligation required under the law of the foreign jurisdiction which is now being enforced in F…
  • State v. Herron, 592 So. 2d 772 (Fla. 2d DCA 1992)
    …d reaches twenty-one years of age unless the child is emancipated prior to reaching his twenty-first birthday. Ind. Code § 31-1-11.5-12(d) [*773] (1988) ; Olson v. Olson, 445 N.E. 2d 1386 (Ind.Ct.App. 2d Dist.1983). In Gonzalez-Goenaga v. Gonzalez, 426 So. 2d 1106 (Fla. 3d DCA 1983), the third district court stated, “The mere fact that the father has moved to this jurisdiction which requires support only to age eighteen will not defeat his obligation required under the law of the foreign jurisdiction which is…

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