L.S.H., APPELLANT,
v.
P.L.H., APPELLEE

Fla. 2d DCA | 1999-08-25
No. 98-02313
FULMER, A.C.J., and SALCINES, J., Concur.
739 So. 2d 1264 Florida District Court of Appeal, Second District (1999) Positive Treatment
Cited by 4 cases

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Synopsis

In a dissolution of marriage case, the Florida District Court of Appeal affirmed the circuit court's approval of a settlement agreement between spouses, but reversed and remanded regarding the wife's waiver of child support for a minor child born during the marriage. The court held that a waiver of child support cannot bind the court and must be reconsidered on remand to determine whether the non-biological father contracted to support the child or is equitably estopped from denying support obligations.


Holding

The circuit court's approval of the settlement agreement was proper in all respects except for the provision waiving child support. A waiver of child support cannot bind the court. On remand, the court must determine whether P.L.H. contracted to support the minor child or whether he is equitably estopped from denying a support obligation, regardless of the settlement agreement's waiver provision.


Headnotes

[1] A settlement agreement provision waiving child support for a minor child is not binding on the court, even if the agreement was entered into freely and voluntarily.

[2] A court must specifically address the issue of child support waiver in a settlement agreement.

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Key Quotes

“While this stipulation is valid, the wife's waiver of child support cannot bind the court.”

Establishes the core holding that even though parties can stipulate to paternity facts, a waiver of child support is not enforceable and cannot bind the court.

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Facts & Procedural History

L.S.H. and P.L.H. entered into a settlement agreement incident to dissolution of marriage. The agreement included a stipulation that P.L.H. was not th…

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Opinion of the Court
NORTHCUTT, Judge.

NORTHCUTT, Judge.

The circuit court entered a final judgment of dissolution that approved and incorporated a settlement agreement between the wife, L.S.H., and the husband, P.L.H. L.S.H. challenges the circuit court’s refusal to set aside the settlement agreement.

We find no error in the court’s decision to hold the wife to the agreement, save in one respect. The agreement included a provision in which she waived child support for a minor child. While the court found that the wife freely and voluntarily entered into the settlement, and that there was no fraud or material misrepresentation of fact, its order did not specifically address the waiver of child support.

We reverse the final judgment only to the extent that it incorporates this provision of the settlement agreement, and remand for further proceedings on this issue.

In the settlement agreement, L.S.H. acknowledged that P.L.H. was not the biological father of a child conceived and born during the marriage.1 While this stipulation is valid, the wife’s waiver of child support cannot bind the court. See Frazier v. Frazier, 109 Fla. 164, 147 So. 464 (1933); Cherna v. Cherna, 427 So. 2d 395 (Fla. 4th DCA 1983). In Daniel v. Daniel, 695 So. 2d 1253 (Fla.1997), the supreme court held that a man who is not a child’s natural or adoptive father, and who has not otherwise contracted for the child’s care and support, has no duty to pay child support. The settlement agreement and the court’s orders do not address the question of whether P.L.H. contracted to support the child.

Moreover, we have recently noted that nothing in Daniel changes the rule that equitable estoppel may compel a husband to support a child that is not biologically his own. See C.C.A. v. J.M.A., Case No. 98-23695, — So. 2d -, 1999 WL 790660 (Fla. 2d DCA Oct. 6,1999); see also D.F. v. Department of Revenue, 736 So2d.782 (Fla. 2d DCA 1999).

We reverse the portion of the final judgment that incorporates the wife’s agreement to waive child support. We remand for further proceedings on the questions of whether P.L.H. contracted to support the minor child, or whether he is equitably estopped from denying a support obligation.

Affirmed in part, reversed in part and remanded.

FULMER, A.C.J., and SALCINES, J., Concur. . Judge Altenbernd has described such a child as a Type II quasi-marital child. See Chris W. Altenbernd, Quasi-Marital Children: The Common Law’s Failure in Privette and Daniel Calls for Statutory Reform, 26 Fla. St. U.L.Rev. 219 (1999).


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Citator

Cited By

  • Dep't OF Revenue v. James (Willie) Cummings, 871 So. 2d 1055 (Fla. 2d DCA 2004)
    …where a parent is equitably es-topped from denying parentage, see C. C.C.A. v. J.M.A., 744 So. 2d 515 (Fla. 2d DCA 1999); or where a person not otherwise responsible for the support of the child contracts to support the child, see L.S.H. v. P.L.H., 739 So. 2d 1264 (Fla. 2d DCA 1999). If these circumstances exist, the child’s legitimacy may not be subject to question, particularly by the State. See Privette, 617 So. 2d at 309 (stating that Department’s suit for paternity was about impugning legitimacy of child…
  • Cole D. Fahey v. Fahey, 213 So. 3d 999 (Fla. 1st DCA 2012)
    …iological father of the child”); Nevitt v. Bonomo, 53 So. 3d 1078, 1080 (Fla. 1st DCA 2010) (noting the trial court found Nevitt to be the biological father of the child “based upon an agreement between Mr. Nevitt and Ms. Bonomo”); L.S.H. v. P.L.H., 739 So. 2d 1264, 1265 (Fla. 2d DCA 1999) (“L.S.H. acknowledged that P.L.H. was not the biological father of a child conceived and born during the marriage. While this stipulation is valid, the wife’s waiver of child support cannot bind the court.” (emphasis added))…

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