Guadine v. Guadine, 84-1676
| Decision Date | 04 September 1985 |
| Docket Number | No. 84-1676,84-1676 |
| Citation | 10 Fla. L. Weekly 2067,474 So.2d 1245 |
| Parties | 10 Fla. L. Weekly 2067 George A. GUADINE, Appellant, v. Susan GUADINE, Appellee. |
| Court | Florida District Court of Appeals |
Hans C. Feige of Feige and Cranmer, P.A., Coral Springs, for appellant.
Steven C. Kohl of Steven C. Kohl, P.A., Hollywood, for appellee.
At issue is whether the lower court erred by failing to implement a master's recommendation that a mother contribute to the financial support of her two minor children. We reverse.
For approximately one year following the parties' 1981 divorce, the mother retained custody of the parties' two minor children. During this time the father paid substantial child support. In 1982, the father assumed custody of the children pursuant to an agreement between the parties. The husband subsequently filed a petition for modification in which he asked the court to order his former wife to contribute to the support of the children. The matter was referred to a general master, who, after a hearing, entered a report finding that the mother had the ability to contribute to the support of her children and recommending a modification which would require her to pay a relatively modest amount in child support.
The mother filed exceptions to the general master's report. Upon consideration, the lower court rejected the master's support recommendation on the ground that the parties had agreed in writing that neither would ever petition a court to order the other to pay child support. The lower court concluded that it simply did not have the authority to honor the father's request for child support in the face of the parties' agreement.
The law imposes an obligation on both parents to contribute to the support of their children. This obligation inheres in the parental relationship and cannot be disposed of via contractual agreement. Nor can any contract divest the courts of their authority to modify child support, for "[i]nherent in a court's authority is the authority to modify child support--regardless of any agreement between the parties ...." Norwood v. Norwood, 466 So.2d 5, 6 (Fla. 5th DCA 1985); see also Isaacs v. Deutsch, 80 So.2d 657 (Fla.1955); Lang v. Lang, 252 So.2d 809 (Fla. 4th DCA 1971).
"It is also well-settled law ... that a master's report is clothed with a presumption of correctness and should be approved and adopted by the trial court unless clearly erroneous or unless it appears that the master has misconceived the...
To continue reading
Request your trial
-
Evans v. Evans
...is the very strong public policy of this state to require a parent to provide support for his or her children. See, Guadine v. Guadine, 474 So.2d 1245 (Fla. 4th DCA 1985). Neither a marital settlement agreement nor any other contract will serve to abrogate a parent's obligation to support m......
-
Matthews v. Matthews, 95-1906
...supported by ... evidence," Norwood v. Norwood, 466 So.2d 5, 6 (Fla. 5th DCA 1985), justifying modification. E.g., Guadine v. Guadine, 474 So.2d 1245 (Fla. 4th DCA 1985); § 61.14(1), Fla.Stat. (Supp.1994). Even when a court of another jurisdiction has originally ordered child support, Flori......
-
Bernstein v. Bernstein, 85-1134
...to modify child support, regardless of any contract between the parents, is inherent in a court's authority. Guadine v. Guadine, 474 So.2d 1245 (Fla. 4th DCA 1985). Such a contract [dealing with child support] will be given effect only to the extent that it is in the best interests of the c......
-
Huff v. Huff
...obligations that the trial court consider evidence of the child's need and the parties' ability to provide support. Guadine v. Guadine, 474 So.2d 1245 (Fla. 4th DCA 1985); Davis v. Davis, 371 So.2d 591 (Fla. 2d DCA Without unduly laboring over the matter, we hold that as salutary and helpfu......