TINA MARIE HEARD, APPELLANT,
v.
BRIAN ANDREW HEARD, APPELLEE
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Tina Marie Heard appeals the dismissal of her motion for relief from a final judgment dissolving her marriage, seeking to overturn a child support agreement that provided approximately 37% less than statutory guidelines. The court affirms the dismissal, holding that the former wife had authority to agree to reduced child support where the child was represented by a guardian ad litem who approved the agreement and the mother had access to material financial information.
The former wife had authority to agree to reduced child support where the child was represented by a guardian ad litem who specifically approved the agreement, the former wife had access to all material financial information, and the agreement appeared to account for the former husband's substantial visitation time. The trial court properly denied the motion for relief from judgment.
[1] A party cannot contract away a minor child's right to statutory child support when the agreement is not in the child's best interest.
[2] A motion for relief from judgment under Florida Family Law Rule of Procedure 12.540 and Florida Rule of Civil Procedure 1.540 may be denied when the moving party had acce…
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The court's holding that under these particular circumstances, the mother could agree to reduced child support.
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Join FLexlaw to unlock all legal intelligenceIn 2002, after considerable litigation, the parties entered into a marital settlement agreement incorporated into a final judgment dissolving their ma…
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ORFINGER, J.
Tina Marie Heard, the former wife, appeals the dismissal of her motion for relief from the final judgment dissolving her marriage to Brian Andrew Heard, the former husband. As explained below, we affirm.
In 2002, after considerable litigation, the former husband and the former wife entered into a marital settlement agreement, which was then incorporated into a final judgment dissolving their marriage. Among other things, the marital settlement agreement and final judgment required the former husband to pay child support to the former wife, although the agreed upon amount was approximately 37% less than what the guidelines would have otherwise required. Although it is unclear from the record why the parties agreed to this adjustment, it appears that it was based on the fact that the former husband had overnight visitation with the child approximately 35-40% of the time. Prior to being submitted to the trial court, the marital settlement agreement was approved by the child’s guardian ad litem, who recommended that it be adopted as it was in the child’s best interest.
Four years later, on behalf of the minor child, the former wife sought relief from the final judgment pursuant to Florida Family Law Rule of Procedure 12.540 and Florida Rule of Civil Procedure 1.540. The former wife alleged that she did not have the authority to contract away the minor child’s right to support in the amount required by the statutory guidelines. Under the facts of this case, we disagree. Given the fact that the former wife had access to all material financial information, the motion for relief from judgment was properly denied. See Ma-car v. Macar, 803 So. 2d 707 (Fla.2001); Jacobs v. Jacobs, 868 So. 2d 568 (Fla. 3d DCA 2004). Further, the child was represented throughout the proceedings by a guardian ad litem who specifically approved the agreement and urged the court to accept it. Our affirmance of the trial court’s order denying the former wife relief from judgment is without prejudice to any future attempt to seek a modification of the previously agreed upon child support.
AFFIRMED.
SAWAYA and TORPY, JJ., concur.
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Corrigan v. Vargas (Fla. 5th DCA 2019)…to set aside final judgment, in part, where former husband’s alleged misrepresentation stemmed from the nondisclosure of his own assets). Father was aware of his financial situation when he agreed to the mediated parenting plan. See Heard v. Heard, 965 So. 2d 173, 173–74 (Fla. 5th DCA 2007) (holding that former wife was not entitled to relief from judgment where she alleged that she did not have authority to contract away the child’s right to support but had access to all material financial information when…
Authorities Cited
- Thomas v. State, 803 So. 2d 707 (Fla. 2001)
- Jacobs v. Jacobs, 868 So. 2d 568 (Fla. 3d DCA 2004)