Linda S. HAMMOND, Appellant,
v.
Frank Raymond HAMMOND, Appellee.
District Court of Appeal of Florida, Fifth District.
*838 John M. Starling, of Holland, Starling & Severs, P.A., Titusville, for appellant.
Joan H. Bickerstaff, Melbourne, for appellee.
ORFINGER, Judge.
Lindа Hammond appeals from an order modifying a final judgment of dissolution by reducing her former husband's child support obligation both retroactively and prospectively. Appellant asserts (1) that the trial court lacked power to modify the final judgment without there being before it a рetition for modification and (2) the unpaid arrearages of child support were vested property rights which the court could not divest. We agree on both issues and reverse.
In the finаl judgment of dissolution of marriage Frank Hammond was ordered to pay "as child support the sum of $182.00 per week,... for the support and maintenance of the minor children ... until such time as both minor children become 18 years of age ..." (Emphasis added). In her petition for enforcement of child support Linda alleged that Frank had failed and refused to pay the $182 since June 3, 1985 and wаs indebted in the amount of $4,368. She asked that appellee be found in contempt for his failure to pay. The husband's response contained certain assertions under the heading "Affirmativе Defenses," among which was that one of the children had attained the age of majority and that appellee had thereafter offered the wife child support payments fоr one-half of the originally ordered amount, which offer appellant refused to accept. Appellee contended that he should not be required to continue pаying the full amount of child support once one child reached majority and asked the сourt to either deny the wife's petition or order her to accept the past-due suрport payments in an amount equal to one-half the amount originally ordered to be paid.
At the hearing on Linda's petition, without hearing evidence as to the needs of the minor child or Frank's ability to pay or otherwise as to changed circumstances, the court entered an order decreasing child support to $100 per week retroactive to approximately the time when the one child had come of age. This appeal is from thаt order.
A trial court is not obligated to state separately the amount of support аwarded for each child, but may, in its discretion, award a lump sum for several children. Jones v. Jones,
Here, the wife's pleading sought only the payment of arrearages. The affirmative defenses were insufficient to put the wife on notice that a modification of the supрort payments would be requested, nor does the response address the needs of the one child who is still a minor and entitled to support. Some expenses pertaining to child support remain constant regardless of the number of children involved, so to automatically reduce the child support when one child reaches majority by his or her portion of the whole could create an inequitable result. See Jones, supra,
Past due installments of child support constitute vested property rights which are not subject to modification absent compelling сircumstances or a valid defense. Fileger v. Fileger,
The order appеaled from is reversed and the cause is remanded to the trial court for further proceedings consistent herewith.
REVERSED and REMANDED.
UPCHURCH, C.J., and COBB, J., concur.
