Adkins v. Sotolongo
197 So. 3d 1233
Fla. Dist. Ct. App.2016Background
- Court-appointed guardian ad litem (GAL) sought payment of substantial unpaid fees (GAL appointed Jan 2015; Mother alleges fees exceeded $16,000 by Sept. 2015).
- In Feb. 2016 the GAL moved to compel payment; trial court granted and ordered Father to divert $200/month of his child support directly to the GAL, reducing his child support payment accordingly, with remainder to Mother.
- The trial court also redirected $100/month from the Father to the central depository for ongoing child support.
- Record on appeal lacks a recording/transcript of the hearing on the GAL’s motion; review therefore limited to errors apparent on the face of the order.
- The order contains no specific statutory findings of the parties’ incomes, the basis for any change in child support, or documented findings supporting the GAL’s requested fees or either parent’s ability to pay.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether child support may be diverted to pay GAL fees | Mother sought enforcement of GAL’s fee claim; requested court compel payment (implicitly by directing payment from child support) | Father opposed subordinating child support to GAL fees | Court held child support may not be used to pay GAL fees; the order diverting child support to GAL is reversed |
| Whether trial court properly modified child support without statutory findings | Mother argued payments could be adjusted to satisfy GAL fees | Father argued status quo child support should remain and modifications require statutory findings | Court found no statutory findings regarding incomes or guideline departure; reversal for lack of required findings |
| Whether GAL’s fee award was supported by sufficient findings/evidence | GAL sought fees but provided no detailed findings in the order on services, reasonableness, or billing | Parents (esp. Mother) disputed ability to pay and lack of proof of services/value | Court held the record and order lack findings supporting the amount, services performed, and parties’ ability to pay; remand for evidence and specific findings |
| Whether absence of a hearing transcript precludes reversal on facial defects | GAL/Mother relied on possible evidentiary support below | Appellate court noted lack of transcript limits review to face of order | Court reversed based on facial defects (lack of required findings) despite no transcript; remand directed |
Key Cases Cited
- Garcia v. Garcia, 560 So. 2d 403 (Fla. 3d DCA 1990) (appellate jurisdiction rule cited)
- Mobley v. Mobley, 18 So. 3d 724 (Fla. 2d DCA 2009) (no transcript limits review to face of order)
- Soto v. Soto, 974 So. 2d 403 (Fla. 2d DCA 2007) (same)
- Hooper v. Hooper, 681 So. 2d 833 (Fla. 1st DCA 1996) (statutory findings required for child support modifications)
- Jones v. Jones, 636 So. 2d 867 (Fla. 4th DCA 1994) (same)
- Hardy v. Hardy, 659 So. 2d 1246 (Fla. 1st DCA 1995) (supporting requirement for findings)
- Wilcox v. Munoz, 35 So. 3d 136 (Fla. 2d DCA 2010) (failure to include income findings renders support order facially erroneous)
- Rotta v. Rotta, 34 So. 3d 107 (Fla. 3d DCA 2010) (child support cannot be subordinated to attorney’s liens/fees)
- Brake v. Sanches-Lopez, 452 So. 2d 1071 (Fla. 3d DCA 1984) (attorney’s charging lien not enforceable against child support)
- Jaeger v. Jaeger, 182 So. 3d 697 (Fla. 4th DCA 2015) (charging lien cannot be asserted against undifferentiated family support that includes child support)
- Cortina v. Lorie, 95 So. 3d 467 (Fla. 3d DCA 2012) (accrued child support rights are vested and not retroactively modifiable absent compelling pleading/proof)
- In re Hollenbeck's Estate, 137 So. 2d 854 (Fla. 3d DCA 1962) (party seeking GAL fees must prove services performed and reasonable value)