ARNOLD ALPERT, APPELLANT,
v.
CHERYL ALPERT, APPELLEE

Fla. 3d DCA | 1985-12-24
No. 85-1997
Before BARKDULL, HUBBART and FERGUSON, JJ.
479 So. 2d 875 Florida District Court of Appeal, Third District (1985) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

The final judgment under review is affirmed upon a holding that: (1) the general master properly dealt with matters within the order of reference entered by the trial court below, see Waszkowski v. Waszkowski, 367 So. 2d 1113 (Fla. 3d DCA), cert. denied, 378 So. 2d 350 (Fla.1979); accord Sniffen v. Sniffen, 382 So. 2d 823, 824 (Fla.4th DCA 1980); (2) the appellant husband had no authority to terminate unilaterally his required child support payments under the prior judgment of divorce upon his determination that the child herein had become emancipated — thereby relieving him of child support payments under said judgment — without first filing a motion to terminate his child support payments and obtaining a court order authorizing said termination, see Adams v. Adams, 423 So. 2d 596 (Fla. 3d DCA 1982); Manganiello v. Manganiello, 359 So. 2d 26 (Fla. 3d DCA 1978); and (3) the trial court in all other respects properly affirmed the general master’s report and entered summary judgment herein. See Rosenthal v. Rosenthal, 464 So. 2d 594 (Fla. 3d DCA 1985); Bloom v. Bloom, 414 So. 2d 1153, 1155 (Fla. 3d DCA 1982); Claughton v. Claughton, 347 So. 2d 437, 438 (Fla. 3d DCA 1977) (and cases collected therein).

Affirmed.


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  • State v. Segrera, 661 So. 2d 922 (Fla. 3d DCA 1995)
    …s of a valid order until he files a motion for modification and such motion is favorably acted upon. State, Dep’t. of Health & Rehabilitative Servs. v. Carwell, 524 So. 2d 484, 485 (Fla. 2d DCA 1988) (citations omitted); see also, Alpert v. Alpert, 479 So. 2d 875 (Fla. 3d DCA 1985); Adams v. Adams, 423 So. 2d 596, 598 (Fla. 3d DCA 1982). Because support obligations become vested rights of the payee and vested obligations of the payor at the time the payments are due, child support payments may only be modifi…
  • State v. Carwell, 524 So. 2d 484 (Fla. 2d DCA 1988)
    …or each child, and that the party seeking a reduction in support has the duty to petition the court to reduce the amount when one child attains majority, dies, or marries. See Hammond v. Hammond, 492 So. 2d 837 (Fla. 5th DCA 1986); Alpert v. Alpert, 479 So. 2d 875 (Fla. 3d DCA 1985); Witlin v. Witlin, 206 So. 2d 275 (Fla. 3d DCA 1968). The payor parent must continue to make child support payments pursuant to the provisions of a valid order until he files a motion for modification and such motion is favorably…

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