MARY W. APPLEGATE, A/K/A MARY MELOY, APPELLANT,
v.
RICHARD LEE APPLEGATE, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that interest should accrue on overdue child support payments from the date each payment was due until the date of the arrearage judgment.
Appellant sought interest on overdue child support payments from the date each payment was due. The trial court entered an arrearage judgment but only…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Interest On Judgments cases and more on FLexlaw
WENTWORTH, Judge.
Appellant seeks review of an order by which the trial court denied her motion for the interest which had accrued, through the date of an arrearage judgment, on overdue child support payments owed to her by her ex-husband. We reverse.
Appellant filed a motion for contempt against appellee in mid-1988 for his failure to pay child support, and the trial court subsequently found appellee in contempt and found the amount of child support arrearage to be more than $12,000. Appellant then filed a motion for arrearage judgment, specifically requesting “interest on the arrearage from the date that the support payment was due” to the date of the arrearage judgment. An arrearage judgment was entered against appellee in September 1988, but the judgment provided for interest on the arrearage accumulating only from the date of the arrearage judgment.
In Melvin v. Melvin, 391 So. 2d 691 (Fla. 1st DCA 1980), this court reversed the trial court’s decision to deny interest on the child support arrearage, noting that “[ijnterest should be allowed on the arrear-age judgment from the date of the last support payment to the date of the arrear-age judgment....” In the ease at bar, the trial court erred in refusing to award, in addition to the interest which accumulates on the arrearage judgment itself, the interest which accrued on each overdue payment between the date on which the payment became due and the date of the judgment. On remand, appellant is permitted to submit evidence demonstrating the amount of this interest which has accrued.
Reversed and remanded for further consistent proceedings.
NIMMONS and ALLEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
-
Shrove v. Shrove, 724 So. 2d 679 (Fla. 4th DCA 1999)…interest on the arrearages found to be due in the final judgment. See Butchart v. Butchart, 469 So. 2d 965, 965 (Fla. 4th DCA 1985); Warner, 692 So. 2d at 270; Nelson-Higdon v. Higdon, 680 So. 2d 524, 524 (Fla. 1st DCA 1996); Applegate v. Applegate, 566 So. 2d 865, 866 (Fla. 1st DCA 1990). The husband concedes that the wife is entitled to post-judgment interest after entry of the final judgment. See § 55.03(1), Fla. Stat. (1997). The remaining points on appeal we affirm without further discussion. Reversed…
-
Romans v. Romans, 611 So. 2d 92 (Fla. 1st DCA 1992)…failing to award prejudgment interest on alimony and child support arrearages. Melvin v. Melvin, 391 So. 2d 691 (1st DCA1980), pet. for rev. den., 399 So. 2d 1144 (Fla. 1981); Holt v. Holt, 596 So. 2d 106 (Fla. 1st DCA1992); Applegate v. Applegate, 566 So. 2d 865 (Fla. 1st DCA1990); Ledford v. Leirer, 486 So. 2d 42 (Fla. 2d DCA1986). We affirm the orders in all other respects. Absent any evidence on which the trial court could base a finding that the amounts spent by Appellant and Appellee were for “reason…
-
Nelson-Higdon v. Higdon, 680 So. 2d 524 (Fla. 1st DCA 1996)…rued support arrearage. See Romans v. Romans, 611 So. 2d 92 (Fla. 1st DCA 1992) (wife entitled to prejudgment interest on support arrearages from date such payments were due); Holt v. Holt, 596 So. 2d 106 (Fla. 1st DCA 1992); Applegate v. Applegate, 566 So. 2d 865 (Fla. 1st DCA 1990); Melvin v. Melvin, 391 So. 2d 691 (Fla. 1st DCA 1980), review denied, 399 So. 2d 1144 (Fla.1981). We remand to the trial court for entry of an appropriate award of prejudgment interest on the former husband’s support arrearage. T…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Melvin v. Melvin, 391 So. 2d 691 (Fla. 1st DCA 1980)