Posted by Nydia Streets of Streets Law in Florida Divorce
When parties agree to a child support amount in their Florida marital settlement agreement, can a court reject the amount agreed-to? According to Huff v. Huff, 556 So. 2d 537 (Fla. 4th DCA 1990), “A trial court has the duty to determine the appropriateness of a child support provision within a settlement agreement and can adjust the amount based on the child’s best interest and financial needs.” This was an issue in the case Gilberts v. Manderino-Gilberts, 5D2024-0992 (Fla. 5th DCA July 11, 2025).
The parties agreed in their marital settlement agreement that the former husband would pay child support of $3,000 per month for the parties’ four minor children, then when the oldest child emancipated, the amount would reduce to $2,000 per month for the remaining children. Despite the parties’ agreement, the trial court reportedly entered a final judgment which indicated amounts that were different from the agreed-to amounts and did not comport with the Florida child support guidelines. The former husband appealed.
The appellate court reversed, holding “[U]nless there is a substantial change in circumstances or the agreement is found to be against the best interests of the child, it is generally reversible error for a court to order a different amount of child support than what was agreed upon by the parties in a marital settlement agreement.” The court concluded “The trial court impermissibly changed the amount of child support agreed upon by the parties in the Marital Settlement Agreement and deviated from the statutory guidelines without a written finding explaining why the guidelines amount “would be unjust or inappropriate,” as required by the statute. We therefore reverse the Amended Final Judgment and remand for the trial court to either enter a written order that meets the statutory requirements, or for further proceedings.”
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