Florida family law continues to evolve through appellate court decisions, clarifying critical issues around parenting plans, child support, timesharing, and paternity. Here’s what these recent rulings mean for individuals navigating family law disputes.
Davis v. Davis: Interpreting Marital Settlement Agreements
In Davis v. Davis (2024), the Fifth District Court of Appeal reversed a trial court’s contempt finding against a former husband for not paying half of his children’s college expenses. The marital settlement agreement (MSA) required him to cover “secondary education” expenses, but the court clarified that this term refers to high school or vocational school—not college (postsecondary education).
The appellate court emphasized that when contract language is unambiguous, courts should not rely on external evidence to interpret it. This ruling underscores the importance of precise language in MSAs to avoid disputes down the line.
Key Takeaway: When drafting or reviewing an MSA, ensure all terms are clear and explicitly address potential points of contention, such as educational expenses.
Mendez v. Mendez: Custody Decisions Cannot Be Made by Default
In Mendez v. Mendez (2024), the Fourth District Court of Appeal highlighted that child custody matters must be determined based on the child’s best interests, not procedural defaults.
In this case, the mother missed a hearing where a parenting plan was adopted by default. The appellate court ruled that denying her motion for rehearing was an error, as the trial court failed to evaluate the required factors outlined in section 61.13(3), Florida Statutes, which address the child’s best interests.
As of July 1, 2023, Florida law mandates specific written findings on these statutory factors unless the parties mutually agree to a parenting plan.
Key Takeaway: Child custody decisions require careful consideration of statutory factors and cannot be resolved by default or procedural oversight.
Hershberger v. Hershberger: Timesharing Decisions Cannot Be Delegated
In Hershberger v. Hershberger (2024), the Fifth District Court of Appeal ruled that trial courts cannot delegate responsibility for deciding timesharing to third parties, such as a parent or family counselors.
Although the trial court had established a baseline timesharing schedule, it also allowed the father and counselors to determine future modifications. The appellate court deemed this an improper delegation of judicial authority, reaffirming that timesharing decisions rest solely with the court.
Key Takeaway: Florida law prohibits delegating judicial authority in timesharing matters. Timesharing agreements must be court-ordered and cannot leave future decisions in the hands of other parties.
Gragg-Rivera v. Gragg: Protecting Established Paternity and Child Support Clarity
In Gragg-Rivera v. Gragg (2024), the Fifth District Court of Appeal overturned a trial court’s decision to disestablish the paternity of a child. Paternity had already been established in another state, and the trial court’s sua sponte (on its own motion) action was found to be fundamentally flawed.
Additionally, the trial court failed to make specific findings about the parties’ incomes when calculating child support. Simply attaching a guidelines worksheet does not fulfill the requirement for factual findings.
Key Takeaway: Paternity decisions must respect previously established orders, and child support determinations require clear documentation of income to ensure fair outcomes.
Why These Cases Matter
Family law disputes often involve deeply personal and complex issues. These cases highlight how vital it is to ensure clarity in agreements, fairness in child custody decisions, and adherence to judicial responsibilities.
At Fell Law Group, we are dedicated to helping you navigate the nuances of Florida family law. Whether it’s drafting an MSA, advocating for your parental rights, or ensuring accurate child support calculations, we are here to provide trusted guidance every step of the way.
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