State on Behalf of Ridge v. Ridge, 85-529

• Court: Florida District Court of Appeals
• Writing for the Court: UPCHURCH; COBB, C.J., and SHARP
• Citation: State on Behalf of Ridge v. Ridge, 483 So.2d 766, 11 Fla. L. Weekly 355 (Fla. App. 1986)
• Decision Date: 06 February 1986
• Docket Number: No. 85-529,85-529
• Parties: 11 Fla. L. Weekly 355 STATE of Florida, on Behalf of Kim Y. RIDGE, Appellant, v. Robert G. RIDGE, Appellee.

Page 766

483 So.2d 766

11 Fla. L. Weekly 355

STATE of Florida, on Behalf of Kim Y. RIDGE, Appellant, v. Robert G. RIDGE, Appellee.

No. 85-529.

District Court of Appeal of Florida Fifth District.

Feb. 6, 1986.

Rehearing Denied Feb. 26, 1986.

S. Ray Gill, State Atty., Ocala, and Martin J. Campbell, Asst. State Atty., Tavares, for appellant.

Britt Whitaker, Tampa, for appellee.

UPCHURCH, Judge.

The state of Florida appeals from an order determining child support and visitation rights under the Uniform Reciprocal Enforcement of Support Act (URESA). We reverse because the trial court had no authority under URESA to determine visitation rights and to condition payment of support on visitation.

The parties in this case were divorced in Ohio in 1982. The wife was awarded custody of the parties' two minor children and the husband was ordered to pay $50.00 per week as child support. In 1984, the wife filed a petition for support in Ohio. The Ohio court found that the husband owed a duty of support, that $60 per week was necessary and that the husband was in arrears in support payments. The court further found that the husband was residing in Florida and sent a copy of the petition to the Florida circuit court.

The husband was served in Florida and filed an answer to the wife's petition. The husband requested that if the court determine support, then it should also provide for enforceable visitation rights. The husband alleged that the wife had kidnapped the parties' children in 1982 and had fled to Ohio for the purpose of securing a divorce and depriving him of his parental rights.

The court below entered an order determining support and visitation rights. In its order, the court required the husband to pay support but impounded the funds until the wife permitted the husband to visit the children. On behalf of the wife, the state contends that the court erred in impounding the support and in determining specific visitation rights. We agree.

The purpose of the Revised Uniform Reciprocal Enforcement of Support Act (URESA), chapter 88, Florida Statutes (1985), is to "improve and extend by reciprocal legislation the enforcement of duties of support." § 88.021, Fla.Stat. (1985). The Florida courts have held that, under URESA, the court may address only matters of support and may not consider issues pertaining to visitation. Jones v. Jones, 471 So.2d 1363 (Fla. 3d DCA 1985); State ex rel. Rock v. Rock, 429 So.2d 1351 (Fla. 2d DCA 1983); Fla. Dept. of H.R.S. o/b/o Ciferni v. Ciferni, 429 So.2d 92 (Fla. 2d DCA 1983); Carroll v. Carroll, 415 So.2d 102 (Fla.3d DCA 1982); Leland v. Fricke, 376 So.2d 432 (Fla. 1st DCA 1979); Vecellio v. Vecellio, 313...