BERNARD W. RUDNICK, AS EXECUTOR OF THE ESTATE OF ARNELLE SOLOMON, AND LAWRENCE SOLOMON, APPELLANTS,
v.
HARRISON M. SOLOMON, APPELLEE; LAWRENCE SOLOMON, APPELLANT, V. HARRISON M. SOLOMON, 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.
The court held that the child support obligation continues until the child reaches the age of 21, as stipulated in the original agreement, and that the child has a right to intervene.
A divorce decree incorporated a settlement agreement requiring child support until the son reached 21. After the mother's death, the father sought to …
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 Right To Intervene cases and more on FLexlaw
PER CURIAM.
Appellants seek review of an order of the trial court modifying a final judgment of divorce, deleting therefrom the necessity that the appellee, Harrison M. Solomon, continue payment of child support.
In 1971, Amelle R. Solomon and Harrison M. Solomon were divorced. The final judgment incorporated a property settlement and support agreement, which provided that Harrison Solomon pay child support until Lawrence Solomon [the son of the parties] reach the age of 21. Ar-nelle Solomon died on October 6, 1974 and, on October 22, 1975, Harrison Solomon moved to modify and delete the child support provisions on the ground that Lawrence Solomon had reached the age of 18, the age of majority under Florida law. The trial court, by order, agreed and eliminated the support. Lawrence Solomon moved to intervene as a party-plaintiff in the cause; the trial court then denied the motion to intervene. These appeals ensued.
We reverse the provision of the trial court’s order cutting off support for Lawrence Solomon, and reinstate same until he reaches the age of 21 years. See: Field v. Field, Fla.App.1974, 291 So. 2d 654; Ackerly v. Ackerly, Fla.App.1974, 296 So. 2d 66; Daugherty v. Daugherty, Fla. 1975, 308 So. 2d 24 (opinion filed January 22, 1975); Finn v. Finn, Fla.1975, 312 So. 2d 726.1
We also reverse the order denying the motion to intervene, with directions to permit Lawrence Solomon to intervene on his own behalf in this cause.
Reversed and remanded, with directions.
. It is noted that Daugherty v. Daugherty, supra, and Finn v. Finn, supra, were decided subsequent to the trial court’s order under review in this cause.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Cronebaugh v. van Dyke, 415 So. 2d 738 (Fla. 5th DCA 1982)…n a child reaches eighteen years of age, this disability of non-age is removed, and if an obligation of support exists, the child may proceed in his own right in a court of competent jurisdiction to establish such obligation. See Rudnick v. Solomon, 311 So. 2d 385 (Fla. 3d DCA 1975). The parent who formerly had legal custody of the child has no pecuniary interest in such litigation. Thus, once a normal child reaches majority, a parent has no standing to seek support money for that child in the courts of this…
-
Kern v. Kern, 360 So. 2d 482 (Fla. 4th DCA 1978)…en a child reaches eighteen years of age, this disability of nonage is removed, and if an obligation of support exists, the child may proceed in his own right in a court of competent jurisdiction to establish such obligation. See Rudnick v. Solomon, 311 So. 2d 385 (Fla. 3d DCA 1975). The parent who formerly had legal custody of the child has no pecuniary interest in such litigation. Thus, once a normal child reaches majority, a parent has no standing to seek support money for that child in the courts of this…
Authorities Cited
- Finn v. Finn, 312 So. 2d 726 (Fla. 1975)
- Daugherty v. Georgette Daugherty, 308 So. 2d 24 (Fla. 1975)
- Field v. Field, 291 So. 2d 654 (Fla. 2d DCA 1974)
- Ackerly v. Ackerly, 296 So. 2d 66 (Fla. 2d DCA 1974)