RAFAEL ANAYA, APPELLANT,
v.
ILEANA ANAYA, APPELLEE

Fla. 3d DCA | 1992-01-07
No. 91-1862
Before HUBBART, COPE and GERSTEN, JJ.
591 So. 2d 1125 Florida District Court of Appeal, Third District (1992) Positive Treatment
Cited by 10 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, Rafael Anaya (husband), appeals from a final judgment awarding child support. We affirm.

Husband contends that the trial court erred because it did not strictly apply the statutory guideline method of determining child support. In Todesco v. Todesco, 583 So. 2d 774 (Fla. 4th DCA 1991) the court stated:

Additionally, child support guidelines, while helpful, are not to be automatically applied; the court should consider both the needs of the child and the overall financial circumstances of the parties. Hillman v. Hillman, 567 So. 2d 1066 (Fla. 2d DCA 1990); Huff v. Huff, 556 So. 2d 537 (Fla. 4th DCA 1990).

In this case, because the trial judge considered the needs of the child and the financial circumstances of the parties, we affirm the award of child support.

Further, the wife filed for temporary child support and was entitled to the retroactive award of child support. See Gutierrez v. Gutierrez, 554 So. 2d 589 (Fla. 3d DCA 1989).

Affirmed.


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  • City OF Miami v. Sanders, 672 So. 2d 46 (Fla. 3d DCA 1996)
    …ssarily involves the intentional tort of battery. Mazzilli v. Doud, 485 So. 2d at 481; see Colvin v. Curtis, 860 F.Supp. 1503 (M.D.Fla.1993, vacated on other grounds by Colvin v. McDougall, 62 F. 3d 1316 (11th Cir.1995); City of Homestead v. Suarez, 591 So. 2d 1125 (Fla.3d DCA 1992); Jennings v. City of Winter Park, 250 So. 2d at 900; Hutchinson v. Lott, 110 So. 2d at 442. The requisite elements for intentional tort actions are obviously more stringent than the elements for negligence actions. The Restatement…
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  • Seguine v. Seguine, 627 So. 2d 14 (Fla. 3d DCA 1993)
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