Posted by Nydia Streets of Streets Law in Child Support
When a party is not happy with a Florida child support ruling, can that party appeal? The answer depends on many factors, but an appeal generally must show the court misapplied the law. When reviewing a child support order, the appellate court will review whether competent, substantial evidence supports the decision. This was an issue in the case Duncan v. Franklin, 3D21-1068 (Fla. 3d DCA October 12, 2022).
The father in this child support case appealed an order which awarded retroactive support. The appellate court noted “‘The standard of review for a child support award is abuse of discretion.’ McKenna v. McKenna, 31 So. 3d 890, 891 (Fla. 4th DCA 2010). A trial court’s determination of a party’s income for purposes of establishing support obligations must be supported by competent, substantial evidence. See Sallaberry v. Sallaberry, 27 So. 3d 234, 236 (Fla. 4th DCA 2010). The trial court’s decision to impute income is reviewed for abuse of discretion. See Cura v. Cura, 299 So. 3d 1127, 1129 (Fla. 3d DCA 2020). ‘Awards of retroactive child support are reviewed for an abuse of discretion.’ Williams v. Gonzalez, 294 So. 3d 941, 945 (Fla. 4th DCA 2020) (quoting Henry v. Henry, 191 So. 3d 995, 998 (Fla. 4th DCA 2016)).”
The court found no abuse of discretion, and found there was competent, substantial evidence to support the award. The order was therefore affirmed. If you are curious about how the law may be applied to your case, schedule a consultation with a Miami family law attorney.