Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Child support and timesharing issues can be considered in Florida domestic violence cases. One recent appellate case indicates that notice is just as fundamental in a domestic violence case as it is in any other case when it comes to protecting a party’s due process rights.
In the case Lopez v. Regalado, 3D17-2541 (Fla. 3d DCA 2018), the parties were in the process of getting a divorce. Also pending was a petition for injunction against domestic violence filed by the wife. The wife alleged that the husband was bipolar and was not taking his medication, which resulted in erratic behavior on his part that made her feel her safety was in jeopardy.
Based on the allegations made, the trial court granted the injunction, and then on its own, ordered supervised timesharing for the father and ordered him to pay $400 per month in child support. A review of the wife’s petition showed she did not request timesharing or child support. The husband appealed, arguing it was a violation of his due process rights to order these without notice to him in the petition.
The appellate court agreed with the husband on these grounds, reversing the child support and timesharing provisions of the order. Additionally, the appellate court noted there was no indication as to how the court arrived at the $400 per month number. Therefore, the injunction stood, but the accompanying orders were vacated.
If you need child support or supervised visitation as part of your Florida domestic violence case, be sure to discuss with your Miami family law attorney. Making sure your petition meets the correct legal standard is essential to getting the relief you need and want.