PERLA RUIZ, APPELLANT,
v.
CARLOS G. RUIZ, APPELLEE

Fla. 5th DCA | 2001-05-04
No. 5D00-2339
COBB and PALMER, JJ., concur.
783 So. 2d 361 Florida District Court of Appeal, Fifth District (2001) Positive Treatment
Cited by 5 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

A Florida appellate court held that a divorce court retains jurisdiction to modify child support and award continuing support for a disabled child beyond age 18 when the modification petition was filed during the child's minority. The court affirmed the trial court's order granting the father's petition to increase support and extend it past majority for his severely disabled daughter.


Holding

Yes. The court has jurisdiction to award continuing support for a dependent disabled child beyond age 18 when: (1) the child was effectively adjudicated dependent prior to reaching majority; (2) the modification petition was filed before majority; and (3) the dependency resulted from mental or physical incapacity beginning before majority. The court's order relates back to the petition filing date, conferring jurisdiction.


Headnotes

[1] A divorce court retains jurisdiction to amend a final judgment to grant continuing child support for a disabled child beyond the age of majority if the petition to amend…

[2] A court's order granting a petition to modify child support relates back to the date the petition was filed.

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Key Quotes

“Meleny was effectively adjudicated dependent in this cause prior to reaching the age of majority. Moreover, the instant petition by the father was filed before that time. The court's order in respect to that petition relates back to the date of filing the petition.”

Establishes the key procedural distinction that allows continued jurisdiction—the child's dependent status and petition timing, not the order entry date, trigger jurisdiction.

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Facts & Procedural History

In a dissolution proceeding, the parents entered a settlement agreement under which the father retained custody of Meleny, a severely disabled and non…

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Opinion of the Court
HARRIS, J.

HARRIS, J.

The issue in this ease is whether the divorce court which had previously ordered support for the children of the parties without specifying that support would continue after a disabled child became of age had jurisdiction to amend a final judgment to grant continuing support and to increase the amount of support for a dependent child when the petition to amend was filed during the child’s minority. We answer in the affirmative and affirm the trial court.

In the initial dissolution action, pursuant to a marital, settlement agreement which was incorporated into the final judgment of dissolution, the father was awarded custody of Meleny, the older, disabled daughter, and the mother was awarded custody of the three other younger children. The settlement agreement expressly recognized that Meleny “is a handicapped child and is totally non-communicative.” The husband was required to pay $1,248 per month as support, which was the guideline amount less credit for the support of Mele-ny. Although Meleny is microeephalic and is totally physically and mentally disabled, requiring round-thé-elock care, the final judgment made no mention of post-majority support. The final judgment contains an express reservation of jurisdiction.

Sometime before Meleny became of age, the father petitioned for a modification of the judgment seeking increased credit for Meleny’s support because of changed conditions and asking that the support levied against the mother continue after Meleny was of age. The court’s order granting the father’s petition was not entered until Meleny was over eighteen.

The mother relies on Brown v. Brown, 714 So. 2d 475 (Fla. 5th DCA 1998), for the proposition that the jurisdiction of a dissolution court to modify child support terminates after the child attains majority. Brown does not apply here because Mele-ny was effectively adjudicated dependent in this cause prior to reaching the age of majority. Moreover, the instant petition by the father was filed before that time. The court’s order in respect to that petition relates back to the date of filing the petition. Because the court had jurisdiction over Meleny at the time the petition was filed, section 743.07(2), Fla. Stat. (1999), authorized

the court to require support for a dependent child “beyond the age of 18 years when such dependency is because of mental or physical incapacity which began prior to such person reaching majority.”

We find appellant’s other points on appeal without merit.

AFFIRMED.

COBB and PALMER, JJ., concur. . It should be noted that section 743.07 does not itself grant parental support to dependent children; it merely provides that in those cases in which the child remains dependent because of physical or mental disabilities, the fact of majority will not prevent a court otherwise having jurisdiction from granting continuing parental support after the age of majority. The term "child” has a dual meaning. It can mean one not yet of age or it can merely mean the son or daughter of human parents. In a true sense, Meleny and her siblings will always remain the child or children of her parents. Since the divorce court has jurisdiction to award support for children (and there is no limitation contained in chapter 61 relating to the age of the child), and since chapter 61 specifically gives the court “continuing jurisdiction” to modify "the amount and terms and conditions” of the support obligation when in the best interest of the child, and since reaching majority does not prevent the court from doing so in this case, the court herein had proper jurisdiction.


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Citator

Cited By

  • Taylor v. Terrie E. Bonsall, 875 So. 2d 705 (Fla. 5th DCA 2004)
    …rthday. The court ruled that the order related back to the date the mother filed the petition for modification of Devon’s child support. Thus, the court found that paragraph seven did not preclude the extension of child support, citing Ruiz v. Ruiz, 783 So. 2d 361 (Fla. 5th DCA 2001) and distinguishing Brown v. Brown, 714 So. 2d 475 (Fla. 5th DCA 1998). The court ordered the father “to continue to contribute support” for Devon after her eighteenth birthday pursuant to section 743.07, Florida Statutes. Because…
    1 / 2
  • Loza v. Marin, 198 So. 3d 1017 (Fla. 2d DCA 2016)
    …476-77. The Fifth District affirmed, reasoning that the husband’s obligation had expired and that an independent action must be brought by the adult dependent child pursuant to Florida Rule of Civil Procedure 1.210(b). Id. at 477. In Ruiz v. Ruiz, 783 So. 2d 361, 362 (Fla. 5th DCA 2001), the husband and wife entered into a dissolution agreement which recognized that one of their daughters- “is a handicapped child and is totally non-commuñicative.” Husband was required to -pay $1248 for the affected daughter…
  • State v. Rivera, 844 So. 2d 779 (Fla. 3d DCA 2003)
    …PER CURIAM. Affirmed. See State v. Henriquez, 717 So. 2d 1087 (Fla. 3d DCA 1998); State v. Woods, 783 So. 2d 361 (Fla. 3d DCA 2001).…

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