Eckert v. Eckert
107 So. 3d 1235
| Fla. Dist. Ct. App. | 2013Background
- Warner, J. reverses several provisions of a final dissolution judgment granting relocation to Vero Beach and altering support and insurance terms.
- Relocation petition sought by mother; trial court allowed relocation 50/50 time-sharing without written/oral findings.
- Trial court did not make statutory-factor findings under § 61.13001(7), Fla. Stat. (2012).
- Mother claimed unemployment and lack of Broward County prospects; housing in Vero Beach via son’s home; no compelling evidence of child’s best interests.
- Court imputed no income to mother for support and required $2 million life insurance without proper findings of need, availability, or cost.
- Appellate court reverses relocation, findings on income, and life-insurance provision; remands for proper findings and calculation; affirms other aspects, with potential time-sharing reassessment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Relocation standard applied | Mother argues relocation is in child's best interests. | Father contends proper statutory-factor analysis supports denial. | Relocation reversed for lack of findings and evidence. |
| Imputation of income for child support | There was an agreement that mother would not work. | Record shows mother worked and sought employment. | Agreement not supported; reverse and require possible modification upon employment. |
| Life insurance to secure child support | Two million dollars is warranted to secure support. | No basis for such cost; no findings on need or cost. | Reverse and remand to determine amount, availability, and cost; delete disability/retirement coverage. |
| Final judgment errors and remand scope | Affirm/Reverse/Remand as: revoke relocation, adjust income and life-insurance orders; remand for time-sharing reassessment. |
Key Cases Cited
- Guerin v. DiRoma, 819 So.2d 968 (Fla. 4th DCA 2002) (need and cost for life insurance to secure child support; determine availability and cost)
- Peters v. Blackshear, 53 So.3d 1233 (Fla. 1st DCA 2011) (amount must bear relation to child support; consider cost)
- Pimm v. Pimm, 601 So.2d 534 (Fla. 1992) (disability may be a ground for downward modification of child support; no obligation to insure against retirement)
- Rossman v. Profera, 67 So.3d 363 (Fla. 4th DCA 2011) (abuse of discretion standard for relocation; must evaluate all factors)
- Cecemski v. Cecemski, 954 So.2d 1227 (Fla. 2d DCA 2007) (absence of competent evidence to support relocation order)