Pleading Requirements And Contested Child Support In Florida

One common issue in Florida family law proceedings is disputes over child support, particularly in paternity cases where there have been no prior determinations of financial responsibility. Though trial courts have broad discretion in determining how to calculate child support awards, there is a limit to this discretion. In one Florida case, the Fifth District Court of Appeal decided a common yet very important issue in contested child support proceedings: can a trial court grant retroactive child support where it was never requested in the pleadings? 

Background of the case 

The facts of the case involved the issue of establishing paternity, timesharing arrangements, and child support. The father filed a petition seeking the establishment of parental responsibility and the granting of child support. The mother filed a response seeking timesharing arrangements and the establishment of current child support in accordance with the Florida child support guidelines.

It is interesting to note that there was no pleading seeking retroactive child support from the mother or the father. However, during the evidentiary hearing, the mother sought to admit evidence regarding past child support. The father objected to it on the basis that there was no pleading seeking retroactive support.

After the trial, the final judgment was entered by the court. In the final judgment, the court ordered the granting of retroactive child support. The father appealed the decision on the basis that it violated the basic pleading requirements and due process. 

The appeal 

On appeal, the Fifth District Court of Appeal disagreed with the decision made by the trial court. The court reiterated the rule that a trial court cannot grant anything that was not requested in the pleadings unless it was tried by consent. In this case, however, the opposite was true. The father objected when the mother attempted to litigate the retroactive child support. The court stated that since the retroactive child support was never requested in the pleadings and was not tried by consent, the trial court made an error in granting it. The court thus reversed the retroactive child support portion of the final judgment and remanded the case for correction.

The court also affirmed other parts of the judgment, including the trial court’s decision regarding timesharing and income. According to the court, there was competent and substantial evidence regarding the calculation of support. 

Key takeaways 

This case has several important takeaways for those going through a divorce in Florida. The first is the requirement for a request for retroactive child support in the pleading phase of a case. The court has held in this case that failure to specifically request retroactive child support in the pleading phase will result in the court not being able to order such support.

The second takeaway is the difference between substantive and procedural fairness in family law cases in Florida. The court has significant discretion in determining whether to order child support and in applying the child support guidelines in Florida. 

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Faulkner Law Group, PLLC, represents the interests of Tampa residents during their divorce. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.