Thursday, November 17, 2011

Retroactive Modification of Support Reversed

The Fourth District Court of Appeal issued an opinion yesterday in Escobar v. Escobar, in so doing reversing the lower court’s determination that a retroactive modification of child support back to the date of a 2004 Final Judgment was required.  The ruling below was based on conflicting statements in the Final Judgment as to whether the support was to be paid bi-weekly or semi-monthly.  The Fourth District found error in the lower tribunal’s essential overruling of a final, prior ruling that found no ambiguity in the Final Judgment’s determination of support, which was not appealed.  Error was also found in the Court’s review of issues not properly plead.

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