Williams v. Williams, 95-4669
| Decision Date | 11 September 1996 |
| Docket Number | No. 95-4669,95-4669 |
| Parties | 21 Fla. L. Weekly D2048 David J. WILLIAMS, Sr., Appellant, v. Susan C. WILLIAMS, Appellee. |
| Court | Florida District Court of Appeals |
Claire A. Duchemin of Claire A. Duchemin, P.A., Tallahassee, for Appellant.
Paula L. Walborsky, Tallahassee, for Appellee.
Appellant, the former husband in this domestic relations case, appeals an order of the trial court granting the former wife's motion for enforcement of the property settlement agreement entered into between the parties and incorporated by the trial court in the 1991 final judgment of dissolution of marriage. The former husband challenges the child support arrearages awarded to the former wife, and the provisions of the order requiring the former husband to pay the former wife's attorney's fees, to obtain alcohol abuse counseling, and to attend parenting classes. We affirm in part and reverse in part.
In the final judgment dissolving the parties' marriage, the trial court approved and adopted the terms and conditions of the property settlement agreement executed by the parties on February 26, 1991. This appeal involves the following child support provisions set forth in that agreement:
11. The Father shall pay to the Mother as child support for his minor sons the sum of $1,200.00 per month ($400.00 per child per month) commencing March 1, 1991, and continuing each and every month thereafter until the minor sons marry, become self-sufficient or attain the age of majority.
The Parties each recognize that this child support of $1,200.00 per month ($400.00 per child per month) appears to be in excess of the recommended child support guidelines set forth in Chapter 61, Florida Statutes. This enhanced amount of child support has been agreed to between the Parties in consideration of and the relinquishment by the Wife of her claim for permanent alimony, and shall not be subject to termination or decrease.
The Father's child support obligation to the Mother shall increase in proportion to the increase of annual salary and/or other income of the Father. The Father shall provide copies of his annual earnings statements to the Mother no later than April 15 of each year to confirm his current earnings.
Said child support payments shall be made directly to the Wife by income deduction from the Father's salary with the Leon County School Board.
On September 1, 1994, the former wife filed a complaint for enforcement and modification of the child support provisions of the parties' settlement agreement. Among other things, the former wife alleged the former husband unilaterally reduced the amount of the monthly child support payment from $1,200.00 per month to $800.00 per month, refused to provide the former wife with copies of his annual earnings statements as required by the agreement, and refused to increase monthly child support in proportion to the amount of increase in the former husband's annual salary or other income. The former husband answered the allegations of the complaint, admitting the $400.00 deduction in child support based upon the portion of the agreement which indicates child support is to be paid until the parties' sons attain their majority. The former husband further alleged the parties' eldest son attained majority in May 1994.
In November 1994, pursuant to the former wife's emergency motion for contempt, the trial court issued an order which, among other things, interpreted paragraph eleven of the parties' property settlement agreement "to mean that as each son achieves the age of majority, marries, or becomes self-sufficient, the monthly child support payments shall be decreased by $400.00 per child." The trial court approved the $400.00 monthly reduction in child support, without prejudice to the former wife to seek other relief available under the terms of the property settlement agreement. The former wife's appeal of the trial court's ruling was affirmed by this court on August 7, 1995, in a per curiam decision without written opinion. Williams v. Williams, 659 So.2d 277 (Fla. 1st DCA 1995).
At a subsequent hearing to determine the issue of child support increases and arrearages, the former husband's counsel contended the wife's mathematical calculations of the child support arrearages were inaccurate, and the child support should be reduced by one-third, rather than $400.00, from the date the parties' eldest son attained majority. Counsel maintained that since the parties' agreement provides for increases in child support in proportion to the former husband's income increases, the reduction in child support when the parties' eldest son reached eighteen years of age should include a reduction in the...
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