Posted by Nydia Streets of Streets Law in Florida Child Support
When a party fails to provide a transcript of his or her Florida family law hearing that was the basis of an appeal, the appellate court may not be able to grant relief. This is because the transcript is needed to review what happened at the trial or hearing. The appellate court is restricted to reviewing obvious errors in the order being appealed. This was an issue in the case Aguirre v. Andrukiebich, 3D24-0614 (Fla. 3d DCA February 26. 2025).
The father in this case appealed a final judgment of divorce which was entered after a 4-day trial. He did not provide a transcript of the trial proceedings. The final judgment in part provided that the father “shall pay to the [Mother], as support for [two minor children] the sum of $434.73 per month until April 1, 2027[.] He shall pay $141.60 as support for [one minor child] beginning April 1, 2027.” This order referenced child support guidelines which were attached. The attached guidelines switched the child support payments. however, to state the Father would pay $141.60 for two children until April 1, 2027, and then $434.73 for one minor child until March 30, 2033.
The appellate court noted that it could not grant relief on other aspects of the father’s appeal because he did not provide a transcript of the proceedings. However, since the child support error was clear on the face of the judgment, this was reversed with instructions for the trial court to amend the inconsistency. Schedule your consultation with a Miami divorce lawyer to understand your rights and remedies in your case.