ELEANOR F. STOKES, APPELLANT,
v.
GEORGE C. CREWS, APPELLEE
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Florida appellate court affirmed the trial court's judgment establishing a Nevada divorce decree in Florida, modifying child support, and denying enforcement of arrearages where equitable defenses supported the trial court's discretionary findings.
A trial court may consider equitable defenses, including subsequent modifications between parties and unequal distribution of marital property, when determining whether to enforce arrearages under a foreign divorce decree.
[1] In proceedings to enforce a foreign divorce decree, a trial court may consider equitable defenses including subsequent modifications between the parties and the distribut…
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Join FLexlaw to unlock all legal intelligenceEleanor Stokes appealed a judgment that established a Nevada divorce decree as a Florida judgment, modified child support payments, and refused to enf…
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This is an appeal from a final judgment which established a Nevada divorce decree as a Florida judgment, modified said decree with respect to child support payments and other matters and refused to enforce certain arrearages in child support payments.
It is established that in determining whether arrearages should be awarded under a proceeding to enforce a foreign decree, the trial court is entitled to consider equitable defenses, such as a subsequent modification between the parties and the fact that the greater part of the proceeds of the property of the parties was received by appellant. Smith v. Smith, 197 So.2d 16 (Fla.App.3rd, 1967). Where there is sufficient evidence in the record to support the trial court’s findings with regard to a modification of child support payments and the enforcement of arrear-ages, the judgment below will not be disturbed even though this Court may have reached a different conclusion.
We have carefully considered the record on appeal and the briefs and oral arguments submitted by the parties. It is our conclusion that appellant has failed to demonstrate that the judgment appealed herein is erroneous. Accordingly, said judgment is therefore affirmed and appellant’s petition for attorney fees is denied.
Affirmed.
CARROLL, DONALD K„ Acting C. J., and RAWLS, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Morin v. Morin, 466 So. 2d 1255 (Fla. 2d DCA 1985)…y the installments accrued under the Massachusetts judgment. We disagree. In determining whether arrearages should be awarded in a proceeding to enforce a foreign judgment, the trial court is entitled to consider equitable defenses. Stokes v. Crews, 265 So. 2d 741 (Fla. 1st DCA 1972); Smith v. Smith, 197 So. 2d 16 (Fla. 3d DCA 1967). Mr. Morin presented sufficient evidence from which the trial court could properly find an inability on Mr. Morin’s part to meet the demands placed upon him by the Massachusetts j…
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Stokes v. Crews, 274 So. 2d 235 (Fla. 1973)…Certiorari denied. 265 So. 2d 741. CARLTON, C. J., and ROBERTS, ERVIN, ADKINS and BOYD, JJ., concur.…
Authorities Cited
- Smith v. Farrell M. Smith, 197 So. 2d 16 (Fla. 3d DCA 1967)