Spano v. Bruce
2011 Fla. App. LEXIS 2266
| Fla. Dist. Ct. App. | 2011Background
- Mediation Settlement Agreement from 2001 ratified as part of an Agreed Final Judgment Modifying Parental Responsibility and Other Matters.
- Child support was abated for two years per the Mediation Agreement; modifications were permitted after that period.
- Mother moved for modification on May 1, 2003; the court stated retroactivity could be linked to the petition filing date.
- July 2004 mother amended petition; father moved to dismiss for lack of service within 120 days and failure to prosecute within one year.
- Trial court granted mother’s petition to dismiss the original petition and denied retroactivity; mother later filed a second amended petition (Aug. 31, 2006).
- General Magistrate recommended downward modification and attorney’s fees; trial court denied both, ruling this was a Title IV-D case and mother non-prevailing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Retroactivity date for child support modification | Spano seeks retroactivity from May 1, 2003. | Bruce argues retroactivity should align with second amended petition. | Retroactivity awarded to May 1, 2003. |
| Effect of second amended petition on retroactivity | Second amended petition is a continuation of the modification effort. | Second amended petition creates a new case for filing purposes. | Second amended petition should not reset retroactive date; still retroactive to May 1, 2003. |
| Title IV-D status and attorney's fees | Fees could be awarded against Bruce unless IV-D status denied. | Department of Revenue and State Attorney involvement make it IV-D. | This is a Title IV-D case; fees may be awarded against non-prevailing obligor. |
| Attorney's fees findings | Mother entitled to reasonable fees. | Fees insufficiently supported. | Remanded for specific findings supporting fee award. |
Key Cases Cited
- Miles v. Champlin, 805 So.2d 1085 (Fla. 1st DCA 2002) (retroactive modification allowed as equity requires to filing date)
- Batts v. Batts, 600 So.2d 1301 (Fla. 5th DCA 1992) (retroactivity in modification matters)
- Dep't of Revenue v. Jackson, 846 So.2d 486 (Fla. 2003) (equitable principles apply in child support proceedings)
- Levi v. Levi, 780 So.2d 261 (Fla. 3d DCA 2001) (circumstances support retroactive modification when petition filed)
- Satchell v. Satchell, 949 So.2d 1116 (Fla. 1st DCA 2007) ( Department of Revenue involvement can render case IV-D)
- Alois v. Alois, 937 So.2d 171 (Fla. 4th DCA 2006) (abuse of discretion standard for child support modification)
- In re BB, 820 So.2d 409 (Fla. 3d DCA 2002) (case law cited regarding modification proceedings)
- Spano v. Bruce, 816 So.2d 714 (Fla. 3d DCA 2002) (prior appellate discussion in related matter)