KENNETH J. NIBLACK, APPELLANT,
v.
STATE OF FLORIDA, DEPARTMENT OF REVENUE, OFFICE OF CHILD SUPPORT ENFORCEMENT EX. REL. LETRICIA BACON, APPELLEE
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SUAREZ, J.
Kenneth J. Niblack appeals a final order denying his exceptions to the general master’s report enforcing a child support order entered in San Diego County, California, in 1986, and domesticated in Miami-Dade County, Florida, in 2003. The trial court affirmed the report of the general master which enforced the arrearage in child support for approximately $46,658.00. We affirm and remand for an evidentiary hearing with directions.
Because unpaid child support payments remain a vested right of the child and cannot be canceled or reduced retrospectively absent extraordinary or compelling circumstances, see, e.g., State v. Ductant, 957 So. 2d 658 (Fla. 3d DCA 2007), we affirm the trial court’s order enforcing the appellant’s child support arrearage; however, we remand with directions for the trial court to hold an evidentiary hearing to determine Niblack’s ability to pay, and to credit him with any set-offs for child support which he has already paid.
Affirmed, remanded with directions.
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Citator
Cited By
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Alcalde v. Alcalde, 340 So. 3d 529 (Fla. 3d DCA 2022)…4 issues relating to the enforcement of child support generally require an evidentiary hearing. See, e.g., Lovejoy v. Poole, 230 So. 3d 164, 166 (Fla. 5th DCA 2017); Niblack v. State, Dep’t of Revenue, Off. of Child Support Enf’t ex rel. Bacon, 959 So. 2d 358, 359 (Fla. 3d DCA 2007). Therefore, we reverse and remand for the trial court to hold an evidentiary hearing on the issues of delinquent child support and laches. In doing so, we express no opinion on the merits of the parties’ position, only t…
Authorities Cited
- State v. Ductant, 957 So. 2d 658 (Fla. 3d DCA 2007)