MICHAEL MURPHY, APPELLANT,
v.
JACQUELINE MURPHY, APPELLEE
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Florida appellate court affirmed a divorce judgment but reversed the child support provision, which erroneously required payment for all three children until the youngest reached majority, and remanded for correction to reduce support as each child attained majority.
Child support obligations must be reduced as each child reaches majority, not continued for all children until the youngest reaches majority.
[1] A child support judgment requiring payment for all minor children until the youngest reaches majority must be corrected to reduce the support obligation as each child att…
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Join FLexlaw to unlock all legal intelligence“The Husband is obligated to pay child support for the three children in the amount of $1,419.00 per month beginning December 1, 2005, and continuing until the youngest of the minor children reaches the age of 18 or until high school graduation by age 19, if there is a reasonable expectation of graduation by the 19th birthday, dies, marries or otherwise become self-supporting.”
The problematic language from the final judgment that the court reversed
Michael Murphy contested aspects of his divorce judgment from Jacqueline Murphy, including a child support provision requiring him to pay $1,419 per m…
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NORTHCUTT, Judge.
Michael Murphy contests numerous aspects of the final judgment dissolving his marriage to Jacqueline Murphy. We affirm the challenged decisions of the circuit court without discussion, with one exception. We agree with Mr. Murphy that the judgment, as written, erroneously awards child support for all three of the parties’ children until the youngest of them reaches majority.
Section IV, paragraph 1 of.the final judgment states:
The Husband is obligated to pay child support for the three children in the amount of $1,419.00 per month beginning December 1, 2005, and continuing until the youngest of the minor children reaches the age of 18 or until high school graduation by age 19, if there is a reasonable expectation of graduation by the 19th birthday, dies, marries or otherwise become self-supporting.
Ms. Murphy concedes that the intent of the court was, instead, to reduce the total amount of the child support as each child attained his or her majority or met the other conditions specified in the judgment. She has no objection to correcting the judgment to so provide. We reverse the quoted portion of the final judgment and remand with directions to amend that paragraph of the judgment in accordance with this opinion.
Affirmed in part, reversed in part, and remanded.
SILBERMAN, and WALLACE, JJ., Concur.