Webb v. Webb, 2D99-1001.
| Decision Date | 21 July 2000 |
| Docket Number | No. 2D99-1001.,2D99-1001. |
| Citation | 765 So.2d 220 |
| Parties | Raoul WEBB, Appellant, v. Iva B. WEBB, Appellee. |
| Court | Florida District Court of Appeals |
Thomas A. Smith, Tampa., for Appellant.
Ralph P. Mangione and Chad S. Brown of Williams Reed Weinstein Schifino & Mangione, P.A., Tampa, for Appellee.
Raoul Webb (Former Husband) challenges an order setting child support. The only issues meriting discussion are the Former Husband's assertions that the trial court erred by including in his gross income the rehabilitative alimony payments he receives from the Former Wife and by making his child support payments retroactive to the date of filing the Former Wife's petition. We affirm the trial court's decision on Former Husband's first point. However, we agree the trial court erred in making the Former Husband's child support payments retroactive to the date of filing of the Former Wife's petition.
The parties' final judgment was entered April 26, 1996, nunc pro tunc, February 9, 1996. The final judgment incorporated a marital settlement agreement between the parties that provided:
The Wife may seek child support from the Husband only when: (a) the Husband has earned income of at least $10,000.00 per year or more through employment or stipends; or (b) the Husband fails to be a full-time student as defined by the school he is attending.
On May 8, 1996, the Former Wife filed a petition for modification alleging that the Former Husband had earned income in excess of $10,000, and therefore, she was entitled to have an order of child support entered against the Former Husband. The trial court granted the Former Wife's petition finding that, in 1996, the Former Husband had earned income in excess of $10,000 and ordered him to pay child support retroactive to the date of the filing of the Former Wife's petition. In determining the Former Husband's child support obligation, the trial court included in his gross income the rehabilitative alimony payments he receives from the Former Wife.
At the time the Former Wife filed her petition for modification, section 61.30(2)(a)9, Florida Statutes (1995), provided that a party's gross income includes "spousal support received from a previous marriage." While the proceedings below were pending, section 61.30(2)(a)9 was amended by chapter 96-305, Laws of Florida, which became effective May 30, 1996. The amended version of the statute provides that gross income shall include "spousal support received from a previous marriage or court ordered in the marriage before the court." § 61.30(2)(a)9, Fla. Stat. (Supp.1996) (emphasis added). The Former Husband argues that the trial court erred in applying the 1996 amendments to section 61.30(2)(a)9 retroactively. We disagree.
"The general rule [of statutory construction] is that a substantive statute will not operate retrospectively absent clear legislative intent to the contrary, but that a procedural or remedial statute is to operate retrospectively." State Farm Mut. Auto. Ins. Co. v. Laforet, 658 So.2d 55, 61 (Fla.1995). While substantive laws create or limit rights or duties, procedural or...
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Martin v. State, Case No. 2D16–4468
...substantive in nature may not be applied retroactively, while procedural provisions may be applied retroactively."); Webb v. Webb, 765 So.2d 220, 221 (Fla. 2d DCA 2000) ("The general rule [of statutory construction] is that a substantive statute will not operate retrospectively absent clear......
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Nicoletti v. Nicoletti, No. 2D02-5386
...may in its discretion give retroactive effect to a reduction in child support, retroactivity is not automatic. See Webb v. Webb, 765 So.2d 220, 221 (Fla. 2d DCA 2000); Barrs v. Barrs, 590 So.2d 980, 981 (Fla. 1st DCA 1991). Thus, because the order of modification did not specifically state ......