LAURA BOOT, APPELLANT,
v.
JOHN SAPP, APPELLEE
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The court reversed a trial court's denial of a modification petition for extended child support, holding that "graduation" in Florida's child support statute should be broadly construed to mean completion of educational requirements, not necessarily the graduation ceremony date, to protect dependent children still in high school.
The court held that "graduation" should be construed liberally to include completion of all educational requirements, not merely the ceremony date, and remanded for the trial court to reconsider the modification petition with this broader interpretation.
[1] Child support may be ordered for dependent children between the ages of eighteen and nineteen who are still in high school and have a reasonable expectation of graduation…
[2] The term "graduation" in the context of child support for high school students may refer to the completion of educational requirements, not solely the date of the graduat…
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Join FLexlaw to unlock all legal intelligence“Graduation may mean the act of completing a phase of one's formal education, or the ceremony of conferring a degree or diploma.”
Establishes that the term "graduation" has multiple definitions and is not clearly defined in statute or case law.
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Join FLexlaw to unlock all legal intelligenceLaura Boot sought modification of child support for her twin sons, who were in eleventh grade and would turn nineteen in late May 1999. The trial cour…
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PER CURIAM.
Laura Boot, former wife, appeals an order denying a petition for modification of child support pursuant to section 743.07(2), Florida Statutes. This section provides that the trial court may require child support for dependent children between the ages of eighteen and nineteen who are still in high school and who have a reasonable expectation of graduation before the age of nineteen.
The twin sons of the parties are presently in eleventh grade and will turn nineteen in late May of 1999. The date for graduation ceremonies for 1998 is June 2, just days after the twins’ birthday; the date for the graduation ceremonies for 1999 is unknown.
The term “graduation” is not clearly defined in statute or case law. Graduation may mean the act of completing a phase of one’s formal education, or the ceremony of conferring a degree or diploma. Webster’s Third New International Dictionary, Unabridged 985 (3d ed.1986). A high school student may complete all requirements of an educational program a few days, or even several weeks, before the date that student participates in graduation ceremonies. According to the former wife, the twins will complete twelfth grade and .their high school studies some two weeks prior to graduation ceremonies.
It appears the trial court believed that the date of the graduation ceremonies limited the court’s discretion. We construe the term “graduation” in section 743.07(2), Florida Statutes, liberally, especially under the circumstances where the children are dependent and in need of child support during their last year of high school; to deny support for the entire year would not be within the spirit or intent of the law as it relates to child support. Chapters 61 and 743 of the Florida Statutes should be read together as related to child support and should be liberally construed to mitigate potential harm to children.
Because the term “graduation” may be defined in different ways, we reverse and remand to the trial court to reconsider the final judgment in light of this opinion, recognizing that the decision is left to the discretion of the trial court.
REVERSED and REMANDED.
GLICKSTEIN and GROSS, JJ., and GOLDENBERG, RENEE, Associate Judge, concur.
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Hill v. Hooten, 776 So. 2d 1004 (Fla. 5th DCA 2001)…18 are in need of financial support, section 743.07(2) of the Florida Statutes should be interpreted liberally in order to provide such support, thereby mitigating any potential harm to the child resulting from the lack of support. See Boot v. Sapp, 714 So. 2d 579 (Fla. 4th DCA 1998)(authorizing the trial court to award child support through the date of graduation notwithstanding the fact that the twin children turned 19 a few weeks before graduation because to deny such support could harm the children); see…
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Wattenbarger v. Wattenbarger, 767 So. 2d 1172 (Fla. 2000)…PER CURIAM. We have for review Wattenbarger v. Wattenbarger, 728 So. 2d 277 (Fla. 1st DCA 1999), which expressly and directly conflicts with the decision in Boot v. Sapp, 714 So. 2d 579 (Fla. 4th DCA 1998). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. The Wattenbargers’ marriage was dissolved on October 3, 1990. Pursuant to the dissolution order, Linda Wattenbarger was granted primary residential responsibility for the par…
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D.J.S. and M.S. v. W.R.R., 99 So. 3d 991 (Fla. 2d DCA 2012)…s 61 and 743 of the Florida Statutes should be read together as related to child support and should be liberally construed to mitigate potential harm to children.” Wattenbarger v. Wattenbarger, 767 So. 2d 1172, 1173 (Fla.2000) (quoting Boot v. Sapp, 714 So. 2d 579, 580 (Fla. 4th DCA 1998)). In a paternity action, the court orders child support pursuant to the guidelines in section 61.30. § 742.031(1), Fla. Stat. (2008). As to jurisdiction in paternity actions, section 742.06 provides, “The court shall retain…
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