STATE OF FLORIDA, DEPARTMENT OF REVENUE, BY AND ON BEHALF OF WENDY WEEKS, APPELLANT,
v.
RICHARD MONEY, APPELLEE
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WEBSTER, Judge.
Appellant seeks review of a final order reducing the amount of appellee’s child support arrearage. It argues that it was error (1) to reduce the amount of the arrearage in the absence of either a pleading requesting such action or notice and an opportunity to be heard; and (2) retroactively to reduce the amount of the arrearage absent a showing of extraordinary circumstances compelling such a result. We agree. See, e.g., State Dep’t of Revenue v. Leonardi, 696 So. 2d 472 (Fla. 2d DCA 1997) (court cannot modify child support award unless issue is presented by appropriate pleading, with sufficient notice and opportunity to be heard); Ashe v. Ashe, 509 So. 2d 1146 (Fla. 1st DCA 1987) (absent extraordinary circumstances, court cannot retrospectively cancel or reduce child support arrearage). Accordingly, we reverse the order reducing the amount of appellee’s child support arrearage.
REVERSED.
JOANOS and MINER, JJ., concur.
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Citator
Cited By
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Lowell T. Schoonmaker, II v. Toni-Ann Elizabeth Schoonmaker, 718 So. 2d 867 (Fla. 4th DCA 1998)…t trial that either parent could have been designated the primary residential parent. We affirm because Mr. Schoonmaker has not demonstrated that the trial court abused its discretion in deciding primary custody in this close case. See Card v. Card, 706 So. 2d 409 (Fla. 1st DCA 1998). In a custody case such as this one, an appellate court may find an abuse of discretion “only where no reasonable man would take the view adopted by the trial court.” Ford v. Ford, 700 So. 2d 191, 195 (Fla. 4th DCA 1997) (quoting…
Authorities Cited
- Ashe v. Ashe, 509 So. 2d 1146 (Fla. 1st DCA 1987)
- State v. Leonardi, 696 So. 2d 472 (Fla. 2d DCA 1997)