Nabinger v. Nabinger
82 So. 3d 1075
Fla. Dist. Ct. App.2011Background
- During a six-year marriage, the couple adopted a child and received adoption subsidies under Fla. Stat. § 409.166.
- Final dissolution judgment (2008) required the former husband to pay $800 monthly child support; the former wife received the adoption subsidy.
- No language linked child support to the adoption subsidy in the final judgment or marital settlement agreement.
- Knight petitioned to modify (upward) child support due to increased income and the former husband’s limited parental contact.
- The trial court found changes in circumstances and granted an upward modification but offset the subsidy against the support obligation.
- The appellate court reversed the offset and remanded for recomputation under the guidelines without considering the subsidy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May the adoption subsidy be offset against child support? | Knight contends no offset was agreed or proper. | Nabinger contends the subsidy reduces his support obligation. | Offset improper; must recalculate without subsidy. |
| Must the modification be recalculated under guidelines without regard to the subsidy? | Knight argues the subsidy should not affect the guideline calculation. | Nabinger argues subsidy can be credited against support. | Recalculation required, excluding adoption subsidy per guidelines. |
Key Cases Cited
- Escobar v. Escobar, 76 So. 3d 958 (Fla. 4th DCA 2011) (modification scope: relief not requested not awarded)
- Woodward v. Berkery, 714 So. 2d 1027 (Fla. 4th DCA 1998) (modification scope narrower than original proceeding)
- In re Interest of T. S., 511 So. 2d 435 (Fla. 2d DCA 1987) (adoption subsidies not a substitute for parental financial responsibility)