MANUEL GONZALES, JR., APPELLANT,
v.
ANITA C. (GONZALES) TRUDEAU, APPELLEE

Fla. 4th DCA | 1995-07-05
No. 94-1557
GLICKSTEIN, WARNER and KLEIN, JJ., concur.
657 So. 2d 60 Florida District Court of Appeal, Fourth District (1995) Caution
Cited by 2 cases

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Synopsis

In this child support enforcement case, the court affirmed the trial court's registration of a Texas child support order under Florida's Uniform Reciprocal Enforcement of Support Act, but reversed the trial court's confirmation of that registration because the trial court prematurely denied certain affirmative defenses without consideration on the merits.


Holding

The trial court erred in denying the affirmative defenses without consideration on the merits. A registered foreign support order cannot be confirmed until the respondent has had an opportunity to present evidence and litigate sound objections. Florida trial courts must apply Texas law when considering the validity of a Texas judgment, and must hold an evidentiary hearing on remand to consider the appellant's objections.


Headnotes

[1] A registered foreign support order is treated in the same manner as a support order issued by a state court and is subject to the same procedures, defenses, and proceedin…

[2] A respondent who timely challenges the registration of a foreign support order must be given an opportunity to present evidence and litigate objections to the registratio…

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Key Quotes

“Upon registration, the registered foreign support order shall be treated in the same manner as a support order issued by a court of this state. It has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a support order of this state and may be enforced and satisfied in like manner.”

Establishes that registered foreign support orders have the same status and are subject to the same defenses as Florida support orders

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Facts & Procedural History

Manuel Gonzales, Jr. was obligated to pay child support pursuant to a Texas court order. Anita C. Trudeau sought to register and enforce this Texas su…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the trial court’s registration of the Texas support order pursuant to section 88.351, Florida Statutes (1993), Florida’s Uniform Reciprocal Enforcement of Support Act; but reverse what was in essence the trial court’s confirmation of the registration based on the court’s precipitate denial of certain affirmative defenses raised by appellant and remand with direction to consider them on the merits.

It was error for the trial court to believe these matters had to be considered in Texas. Section 88.371(1), provides:

(1) Upon registration, the registered foreign support order shall be treated in the same manner as a support order issued by a court of this state. It has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a support order of this state and may be enforced and satisfied in like manner. § 88.371(1), Fla.Stat. (1993) (emphasis added). Registration of a foreign support order cannot be confirmed until the respondent who timely challenged the registration has had an opportunity to present evidence and litigate any sound objections to the registration. See Frazier v. Frazier, 616 So. 2d 575, 577-78 (Fla. 2d DCA 1993).

Of the affirmative defenses filed by appellant, two of them — on the face of the record — were entitled to full consideration; namely, (1) that the Texas order was not valid because it had been the subject of a motion for non-suit by appellee in Texas, and (2) that the Texas judgment was procured by extrinsic fraud. In considering the validity of the Texas judgment, the Florida trial court must apply Texas law. See Nichols v. Nichols, 613 So. 2d 137, 138 (Fla. 4th DCA 1993) (in context of chapter 55, Florida Statutes (1989), the Florida Enforcement of Foreign Judgment Act); Hinchee v. Golden Oak Bank, 540 So. 2d 262, 263 (Fla. 2d DCA 1989) (in context of chapter 55, Florida Statutes (1985), the Florida Enforcement of Foreign Judgment Act).

Furthermore, Florida trial courts have authority to modify a foreign support award that is registered in Florida under section 88.371. State, Dep’t of Health & Rehabilitative Servs. v. Carter, 654 So. 2d 267 (Fla. 2d DCA 1995). Thus, if after an evidentiary hearing on remand, the court rejects appellant’s objections to the registration and confirms the registration, then the court should hear evidence on appellant’s motion for modification of child support due to changed circumstances.1 See, e.g., Department of Health & Rehabilitative Servs. v. Schein, 616 So. 2d 598 (Fla. 4th DCA 1993).

GLICKSTEIN, WARNER and KLEIN, JJ., concur. . We elect to treat appellant's "Fifth Affirmative Defense, or Alternatively, Former Husband’s Motion to Modify Support” as a motion to modify support. We note here, however, our disapproval of counsel burying its motion among the affirmative defenses, rather than filing a separate properly pled motion to modify.


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Citator

Cited By

  • State v. Hylton, 703 So. 2d 533 (Fla. 4th DCA 1997)
    …. Bednarsh, 282 N.J.Super. 482, 660 A. 2d 575 (Ch. Div.1995). For these reasons, the trial court is without authority to modify the Georgia child support order. The father contends that the trial court’s ruling was proper under Gonzales v. Trudeau, 657 So. 2d 60 (Fla. 4th DCA 1995). However, that case was decided -without reference to the Full Faith and Credit for Child Support Orders Act. In Kramer, this court followed Skladanuk and Jorda in holding that the Act preempted Florida law with respect to the mo…

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