DEBORAH BEASLEY BUTLER, APPELLANT,
v.
RONALD DAVID BUTLER, APPELLEE
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In a divorce case, the Florida appellate court affirmed the trial court's approval of a mediated child support settlement but reversed and remanded regarding the failure to address health insurance for minor children, which is statutorily required when reasonably available.
The court affirmed the child support settlement as the wife's challenge to it lacked merit. However, the court held the trial court erred in failing to consider health benefits for the children as required by statute, and reversed and remanded for the trial court to address health insurance for the minor children pursuant to Florida Statutes section 61.13(l)(b).
[1] A trial court errs by failing to determine and provide for health insurance for minor children in a final judgment of dissolution when such insurance is reasonably availa…
[2] A mediated settlement agreement concerning child support is valid if entered into freely and voluntarily after full disclosure between the parties.
Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Section 61.13(l)(b), Florida Statutes (1991), requires that every order for child support shall contain a provision for health insurance for the minor child when the insurance is reasonably available.”
Establishes the statutory mandate that the trial court failed to follow in this case
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe parties settled all issues through mediation via a handwritten agreement that resolved child support but contained no provision for health insuran…
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BLUE, Judge.
Deborah Beasley Butler (the wife), appeals from a final judgment of dissolution. She contends the trial court erred in failing to determine and provide for health insurance for the minor children of the parties and erred in approving a mediated settlement of child support without making appropriate factual findings as to Ronald David Butler’s (the husband) ability to pay. We affirm the issue concerning child support as it is without merit. However, we agree the trial court erred in failing to consider the question of the availability and propriety of health insurance for the minor children.
Prior to final hearing, the matter was referred to mediation. As a result of mediation, the parties signed a handwritten document which indicated that all issues had been resolved; however, the agreement contained no provision concerning health insurance for the three minor children of the parties. At the final hearing, the wife attempted to set aside the mediation agreement as it related to child support. The trial court in the final judgment found that the mediation agreement was entered into freely and voluntarily after full disclosure between the parties. In approving the child support agreed to in mediation the trial court stated, “After considering all of the relevant factors including the needs of the children and the respective abilities of the parties to pay, the amount of child support agreed upon by the parties is fair and equitable and serves the best interest of the children.”
The wife requested in her petition for dissolution that the husband provide health insurance for the children. There was some evidence adduced at trial concerning the availability of health insurance including evidence that the husband’s employer provided for payment of health costs not covered by insurance. This issue was not a primary focus of the trial. Consequently, the final judgment failed to contain any provision providing responsibility for health insurance or health costs not covered by insurance.
Section 61.13(l)(b), Florida Statutes (1991), requires that every order for child support shall contain a provision for health insurance for the minor child when the insurance is reasonably available. After the appeal was filed, this court relinquished jurisdiction to the trial court for the purpose of addressing the question of health insurance for the children. At that hearing, the trial court refused to make any modification in the final judgment. The court recognized the failure to make a provision for health benefits, but was convinced by counsel for the husband that to do so would be an unauthorized amendment to the final judgment in light of the mediated settlement of child support.
The husband also argues he is presently providing insurance for the children. This contention is not supported by the record. Even if the husband is providing insurance, this does not abrogate the requirement of making it a legal obligation pursuant to the final judgment.
We hold the trial court erred in failing to consider health benefits for the children in the final judgment, and erred in failing to consider them upon relinquishment of jurisdiction from this court. We remand this matter to the trial court to consider the question of health benefits for the minor children of the parties pursuant to section 61.13(l)(b), Florida Statutes (1991). Upon remand, the parties will be entitled to present additional evidence on the question of health benefits for the minor children.
We grant the wife’s motion for attorney’s fees and instruct the trial court to fix the attorney’s fees in conformance with Dresser v. Dresser, 350 So. 2d 1152 (Fla. 1st DCA 1977).
Affirmed in part, reversed in part and remanded.
SCHOONOVER, A.C.J., and PARKER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Rosen v. Rosen, 655 So. 2d 153 (Fla. 3d DCA 1995)…ealth insurance for the minor child when the insurance is reasonably available.” E.g., Dehler, 648 So. 2d at 821. On remand, the trial court shall reconsider the health benefits issue and hear any evidence offered as to that issue. Butler v. Butler, 622 So. 2d 73 (Fla. 2d DCA 1993). As to the Rule 1.540 motion, the trial court abused its discretion in refusing to allow the wife additional discovery to prove that the husband failed to disclose his assets during the dissolution proceeding. The wife made a suf…
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Harris v. Harris, 114 So. 3d 1095 (Fla. 2d DCA 2013)…ent does not contain a provision for the children’s health insurance but contends that any error is harmless because he does pay for their health insurance. We do not agree that the error is harmless because as this court stated in Butler v. Butler, 622 So. 2d 73, 74 (Fla. 2d DCA 1993), “[ejven if the husband is providing insurance, this does not abrogate the requirement of making it a legal obligation pursuant to the final judgment.” We therefore remand the case for the trial court to include in the final j…
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Bonita Lewis v. Lewis, 667 So. 2d 390 (Fla. 1st DCA 1995)…rder of dissolution of marriage, the trial court determined that ap-pellee has maintained health insurance for the two children through his employment, but neglected to order appellee to continue providing such coverage. See, e.g., Butler v. Butler, 622 So. 2d 73 (Fla. 2d DCA 1993) (“[e]ven if the husband is providing insurance, this does not abrogate the requirement of making it a legal obligation pursuant to the final judgment”). Therefore, we reverse and remand with directions to amend the order, in accor…
Authorities Cited
- Peavy v. State, 350 So. 2d 1152 (Fla. 1st DCA 1977)
- Dresser v. Dresser, 350 So. 2d 1152 (Fla. 1st DCA 1977)