WINSTON H. PENTON, APPELLANT,
v.
MARGARET PENTON, APPELLEE
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In this divorce appeal, the First District Court of Appeal affirmed a trial court's order requiring the father to pay child support for the parties' minor son until age 18 or high school graduation, whichever is later. The court found sufficient evidence in the record to support the trial court's implicit finding that the son was a dependent person due to psychological incapacity caused by the divorce, satisfying the statutory requirement under Fla. Stat. § 743.07(2).
The court affirmed the child support order, finding that the son's psychological condition, combined with economic incapacity, constituted a dependency sufficient under § 743.07(2) to require continued child support. The trial court's implicit finding of dependency was adequately supported by the record testimony despite the court's failure to explicitly state the finding.
[1] Child support may be ordered for a dependent child beyond the age of 18 if the dependency is due to a mental or physical incapacity that began prior to the child reaching…
[2] A trial court's finding of dependency for child support purposes may be affirmed if the record contains sufficient evidence to support the finding, even if the court did…
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Join FLexlaw to unlock all legal intelligence“This section shall not prohibit any court of competent jurisdiction from requiring support for a dependent person beyond the age of 18 years when such dependency is because of a mental or physical incapacity which began prior to such person reaching majority”
The statutory amendment to Fla. Stat. § 743.07(2) that expanded child support obligations beyond economic incapacity to include mental or physical incapacity
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceWinston Penton petitioned for dissolution of marriage in June 1988, with final judgment entered in December 1988. At the time of the rehearing motion,…
The full statement of facts, procedural history, and disposition for this case are member content.
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WENTWORTH, Judge.
Appellant seeks review of an order denying his motion for rehearing of a final judgment of dissolution of his marriage to appellee. Appellant argues that the trial court erred in ordering him to pay child support for the parties’ minor son until their son attains the age of 18 or graduates from high school, whichever occurs later. We find evidence in the record sufficient to permit the trial court’s determination of dependency and affirm the order on appeal,
Appellant petitioned for dissolution of his marriage to appellee in June 1988, and the final judgment of dissolution was entered in December 1988. A hearing on appellant’s motion for rehearing was held shortly thereafter. It is clear from the record of this proceeding that the parties’ son, a high school sophomore at' the time of the hearing, was both economically dependent upon his parents and had other problems discussed below. In Evans v. Evans, 456 So. 2d 956 (Fla. 1st DCA 1984), we noted that in certain factual contexts child support could be mandated for a dependent student who is still in high school after attaining the age of majority where his dependency was predicated on a finding of total economic incapacity.
However, section 743.07(2), Florida Statutes, was amended, effective October 1, 1988, to read: “This section shall not prohibit any court of competent jurisdiction from requiring support for a dependent person beyond the age of 18 years when such dependency is because of a mental or physical incapacity which began prior to such person reaching majority....” Spurlock v. Spurlock, 552 So. 2d 326 (Fla. 1st DCA 1989), indicates that the effect to be accorded the terms of this amendment remained an open question. According to the testimony of the wife in the present case, the parties’ son suffered psychological infirmities because of stress surrounding his parents’ divorce, and was being treated by a mental health professional.
We conclude that the evidence herein supports a conclusion that the parties’ son’s psychological condition constituted a dependency, in addition to his economic incapacity, which suffices under section 743.07(2) to require a period of continued child support under the terms of the order appealed.
Although the trial court did not explicitly state the requisite finding of dependency on the record, that omission does not in this case mandate reversal because the facts indicating dependency are clear from the testimony contained in the record. We find the record adequate to support the award of support as recited in the order, and therefore affirm.
SHIVERS, C.J., and WIGGINTON, J., concur.
PER CURIAM.
On consideration of appellant’s motion for rehearing, we clarify the opinion by noting that, in addition to the issue of child support discussed therein, affirmance was based on determination of lack of merit in appellant’s additional contentions with respect to amendment of affidavit, award of alimony, property distribution, and attorney’s fees. The motion is otherwise denied.
SHIVERS, C.J., and WENTWORTH and WIGGINTON, JJ., concur.
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Citator
Cited By
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Pitts v. Pitts, 566 So. 2d 12 (Fla. 2d DCA 1990)…f majority. In Spurlock v. Spurlock, 552 [*14] So. 2d 326 (Fla. 1st DCA 1989), the court, faced with the construction of section 743.-07(2), remanded for a hearing in order further to explore the statute’s application. Recently, in Penton v. Penton, 564 So. 2d 1114 (Fla. 1st DCA 1990), the court determined that child support beyond the age of majority was supported by the record. In Penton, the parties’ son was a sophomore in high school at the time of the divorce. The court ordered the former husband to pay s…
Authorities Cited
- Adolphus Daniel Evans v. Rhoda Rea Evans, 456 So. 2d 956 (Fla. 1st DCA 1984)
- Spurlock v. Spurlock, 552 So. 2d 326 (Fla. 1st DCA 1989)
- Ricardo v. State, 552 So. 2d 326 (Fla. 1st DCA 1989)