ROBERT A. SMITH, APPELLANT,
v.
CHRISTINE A. LOFFREDO-SMITH, APPELLEE
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.
In this family law appeal, the Fourth District Court of Appeal affirmed a trial court's dissolution of marriage judgment awarding sole parental responsibility to the mother and modifying child support, but reversed and remanded the arrearage payment determination because the trial court failed to make required findings regarding the father's ability to pay back support during his period of hospitalization and disability.
The court affirmed the dissolution judgment in all respects except the arrearage payment issue. The court reversed and remanded on the arrearage determination, holding that the trial court erred in ordering arrearage payments at the temporary relief rate without first making a specific finding that the appellant had the ability to pay arrearages during the relevant period.
[1] A trial court must make a finding that a party has the ability to pay arrearages before ordering payment of such arrearages.
[2] A trial court's decision is considered an abuse of discretion when it is irrational and inconsistent with established legal principles.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The trial court erred in ordering Appellant to make arrearage payments that were as high as the temporary relief payments without first making a finding that Appellant actually possessed the ability to pay the arrearage.”
Establishes the core holding that ability to pay must be determined for arrearage obligations
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceFollowing a temporary relief order in early 2013, Robert Smith paid $1,249 monthly in child support. After being hospitalized for over six months and …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Child Support Award cases and more on FLexlaw
The final judgment of dissolution of marriage between the two parties followed legal proceedings that focused on the custody of, and financial support for, the couple’s three children. Appellant Robert Smith now raises four issues on appeal, including the trial court granting Appellee Christine Loffredo-Smith sole parental responsibility for the children. Appellee cross-appeals, challenging the court’s use of the “Model Parental Time Sharing Schedule,” which significantly expanded Appellant’s time with the children.
The standard of review for a child support award is abuse of discretion. Canakaris v. Canakaris, 382 So.2d 1197, 1202-1203 (Fla. 1980); McKenna v. McKenna, 31 So.3d 890, 891 (Fla. 4th DCA 2010). Abuse of discretion is generally limited to situations “[w]hen a trial judge’s decision is irrational and inconsistent with established legal principles,” Thomas v. Thomas, 724 So.2d 1246, 1251 (Fla. 4th DCA 1999), “where no reasonable man would take the view adopted by the trial court.” Canakaris, 382 So.2d at 1203. Finding no abuse of discretion with respect to the child support award, with the one exception discussed below, we affirm the trial court on all issues addressed by the appeal and the cross-appeal without further discussion. We find error with the award of arrearage and reverse on this issue, remanding it to the trial court for further proceedings.
Background
Following the issuance of a temporary relief order in early 2013, Appellant began paying $1,249 a month in child support. These payments were discontinued following Appellant’s hospitalization for over six months. He left the hospital permanently disabled, and in arrears of his support payments. Appellant started collecting $1,018 monthly in social security disability payments, but continued to not pay child support, until the final hearing for divorce. Neither party challenges the trial court’s reduction in the level of prospective child support commencing with the final judgment of dissolution, in recognition of Appellant’s current financial and employment status. However, Appellant does contest the imposition of the arrearage payment obligation, as well as the trial court setting the arrearage payments at the $l,249-a-month level.
Analysis
The trial court erred in ordering Appellant to make arrearage payments that were as high as the temporary relief payments without first making a finding that Appellant actually possessed the ability to pay the arrearage. See Orsini v. Orsini, 909 So.2d 558, 560 (Fla. 4th DCA 2005) (reversing and remanding on this issue because such a finding is required). Appellant certainly made a case for his inability to pay the arrearage: he was first in a coma for six months and, afterwards, without employment and fully dependent on his social security disability payments that were less in amount than his child support obligation. The trial court correctly recognized Appellant’s post-hospitaliza*900tion financial situation when it set his prospective child support obligation at $407, to be paid from his social security disability-income. However, the court did not address Appellant’s ability to pay his retrospective arrearage - .payments for the roughly one-year period preceding the final judgment of dissolution, a period during which he was hospitalized and subsequently without employment. ■
Conclusion
The final-'judgment of dissolution is affirmed in-all respects except for the issue; of child support arrearage payments. On remand, the trial court must conduct a new needs and ability analysis with respect to the roughly one-year period for which ar-rearage payments were ordered, focusing on the purported reduction of Appellant’s income during this timeframe (counter-balanced by any social-security disability payments he may have received for this interval).
Affirmed in. part, Reversed and Remanded in part.
Levine and Kuntz, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Alvarez v. Sander Andres Salazar, 338 So. 3d 267 (Fla. 4th DCA 2022)…ings were needed for us to ratify the conclusion that Former Wife litigated vexatiously. See Hahamovitch, 133 So. 3d at 1025. Child Support Award “The standard of review for a child support award is abuse of discretion.” Smith v. Loffredo-Smith, 230 So. 3d 898, 899 (Fla. 4th DCA 2017). “A trial court abuses its discretion when it fails to award retroactive support . . . when there is a need for child support and an ability to pay.” Johnson v. Johnson, 297 So. 3d 700, 704 (Fla. 1st DCA 2020) (quoting Le…
-
Phara v. Selena Robert (Fla. 3d DCA 2025)…ns. Following a final hearing, the trial court awarded monthly child support from the Father in the amount of $814.82. This appeal followed. II. “The standard of review for a child support award is abuse of discretion.” Smith v. Loffredo-Smith, 230 So. 3d 898, 899 (Fla. 4th DCA 2017). III. On appeal, the Father argues the trial court abused its discretion in awarding child support, asserting the Mother failed to provide mandatory financial disclosures. We find this argument meritless. The record be…
-
Carter v. Carter (Fla. 4th DCA 2026)
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
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- McKENNA v. McKENNA, 31 So. 3d 890 (Fla. 4th DCA 2010)
- Thomas v. Thomas, 724 So. 2d 1246 (Fla. 4th DCA 1999)
- Orsini v. Helene Orsini, 909 So. 2d 558 (Fla. 4th DCA 2005)