MELISSA J. GORE, APPELLANT,
v.
RONALD TRENTON PECK, APPELLEE
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The Florida Court of Appeal reversed a trial court's decision denying retroactive child support in a paternity case, holding that under § 61.30(17), Florida Statutes, the mother was entitled to child support retroactively to two years prior to filing the paternity petition, notwithstanding her earlier voluntary dismissal of a prior paternity action.
The trial court abused its discretion by failing to award retroactive child support. Under § 61.30(17), Florida Statutes, the mother was entitled to retroactive child support for the twenty-four-month period preceding the filing of the October 7, 1999 petition, which extends back to October 7, 1997. A parent's obligation to pay child support is unrelated to visitation rights and the passage of time or the mother's control of visitation does not excuse the father's support obligations.
[1] A parent's obligation to pay child support is not excused by the mere passage of time or restraint on visitation rights.
[2] Child support obligations and visitation rights are legally unrelated.
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Join FLexlaw to unlock all legal intelligence“neither the mere passage of time nor the restraint on visitation rights excuses a parent from child support obligations”
Establishes the core principle that child support obligations are independent of visitation arrangements or the passage of time.
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Join FLexlaw to unlock all legal intelligenceMelissa Gore filed a petition to determine paternity on April 15, 1997, but voluntarily dismissed it on September 26, 1997, to maintain control over v…
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CAMPBELL, MONTEREY, (Senior) Judge.
Melissa J. Gore, the mother, challenges the final judgment of paternity in which the trial judge declined to require the father, Ronald Trenton Peck, to pay child support retroactive from October 7, 1999, the date of the filing of the petition to determine paternity, to April 23, 1997, the birth of the child. We reverse only in regard to the failure to provide retroactive child support from October 7, 1999, to October 7,1997.
In declining to award child support prior to the date of the filing of the petition, the trial judge reasoned as follows in the final judgment:
On April 15, 1997, the mother filed a Petition to Determine Paternity to obtain prenatal and birthing expenses and ongoing child support. On September 26, 1997, she dismissed that action. During the course of those proceedings, the parties were each represented by their present attorneys. The Petitioner testified at the hearing held on November 15, 2000, that she voluntarily dismissed the prior action because she did not want her child subjected to the lifestyle of the Respondent. By voluntarily dismissing the action, it allowed her to have more control over the visitation process. Without regard to the wisdom of that decision, this Court finds that the mother, having elected to control the visitation process from birth until the filing of the petition in this action on October 7, 1999, cannot now seek retroactive child support for any date preceding the filing of this petition.
This court, and others, have adhered to the often-stated principle that neither the mere passage of time nor the restraint on visitation rights excuses a parent from child support obligations. Dep’t of Revenue v. Ortega, 682 So. 2d 589 (Fla. 2d DCA 1996); Golden v. Lewis, 647 So. 2d 979 (Fla. 2d DCA 1994); Dep’t of Health and Rehabilitative Servs. v. Lemaster, 596 So. 2d 1117 (Fla. 2d DCA 1992); E.Z.P. v. H.P., Jr., 756 So. 2d 188 (Fla. 3d DCA 2000); Dep’t of Health and Rehabilitative Servs. v. Sandidge, 651 So. 2d 1261 (Fla. 1st DCA 1995); Johns v. Richards, 717 So. 2d 1103 (Fla. 4th DCA 1998); Cartee v. Carswell, 425 So. 2d 204 (Fla. 5th DCA 1983). The Florida Legislature has also made it clear that visitation rights and the obligation to provide child support are unrelated. § 61.13(4)(b), Fla. Stat. (1997).
The mother and the father have not resided together since prior to the birth of the child. Section 61.30(17), Florida Stat utes (1999), provides for a retroactive award of child support under these circumstances for a period of twenty-four months preceding the filing of the petition. It was an abuse of discretion for the trial judge to fail to do so. We therefore reverse the retroactive award of child support. On remand, the support shall be made retroactive to October 7, 1997. The final judgment is otherwise affirmed.
Affirmed in part; reversed and remanded in part.
FULMER, A.C.J., and DAVIS, J., Concur.
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Dep't OF Revenue o/b/o K.A.N. v. A.N.J., 165 So. 3d 846 (Fla. 2d DCA 2015)…vidence or findings supporting the decision'not to award additional retroactive support. It was therefore an abuse of discretion to fail to award support retroactive to the date twenty-four months before the filing of the petition. See Gore v. Peck, 800 So. 2d 273, 275 (Fla. 2d DCA 2001). Based on these errors, we reverse and remand for a hearing and a recalculation of child support. Support should be determined based upon the parties’ current financial information. See Durham, 850 So. 2d at 654; Bardin v. D…
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Morris v. Tonda S. Swanson, 940 So. 2d 1256 (Fla. 1st DCA 2006)…“Under common law, a child was entitled to support retroactive to the date of birth.... Hence, by adopting subsection 17, the legislature withdrew or curtailed this right.... Such a statute should not be retroactively applied”). Contra Gore v. Peck, 800 So. 2d 273, 274-75 (Fla. 2d DCA 2001) (enforcing two-year limitation without analysis, but stating: “This court, and others, have adhered to the often-stated principle that ... the mere passage of time ... [does not] excuse[ ] a parent from child support oblig…
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Bassett v. Saunders, 835 So. 2d 1198 (Fla. 1st DCA 2002)…pport. The restraint on visitation rights does not excuse a parent from child support obligations. See section 61.13(4)(b), Florida Statutes (2000) (providing that visitation rights and the obligation for child support are unrelated); Gore v. Peck, 800 So. 2d 273 (Fla. 2d DCA 2001) (finding it was abuse of discretion not to provide for retroactive support for a period of 24 months prior to the filing of the petition); Department of Health and Rehabilitative Sews. v. Sandidge, 651 So. 2d 1261 (Fla. 1st DCA 19…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Golden v. Lewis, 647 So. 2d 979 (Fla. 2d DCA 1994)
- Johns v. Richards, 717 So. 2d 1103 (Fla. 4th DCA 1998)
- State v. Lemaster, 596 So. 2d 1117 (Fla. 2d DCA 1992)
- Cartee v. Carswell, 425 So. 2d 204 (Fla. 5th DCA 1983)
- State v. Sandidge, 651 So. 2d 1261 (Fla. 1st DCA 1995)
- State OF Fla. Dep't OF Revenue v. Ortega, 682 So. 2d 589 (Fla. 2d DCA 1996)
- K.L.J. v. State, 756 So. 2d 188 (Fla. 3d DCA 2000)