Posted by Nydia Streets of Streets Law in Florida Child Support

When a request to determine child support is made at trial, can the judge refer the matter to a hearing officer during the trial for final resolution? Although trial judges are permitted to refer child support matters to hearing officers, a recent case underscores that this cannot happen during a trial. The case is Bui v. Panzardi, 4D2024-1867 (Fla. 4th DCA April 20, 2025).

In this divorce case, the parties resolved all issues except child support and time-sharing which they let the trial court know were the remaining issues to resolve. At the trial, the court determined the parties should have shared parental responsibility and granted the former wife primary time-sharing. As to child support, the trial court determined at trial that this matter should be referred to a hearing officer and did not rule on the issue even though financial affidavits and proof of income were submitted into evidence at the trial. The former husband appealed.

The appellate court affirmed on all issues except child support, holding “Although Father did not object to the trial court’s referral to the hearing officer or raise the child support issue in his motion for rehearing, the parties asked the trial court to address child support during the dissolution hearing and the necessary financial documents were admitted for the court’s use. Thus, the issue was properly before the trial court which had a duty to determine child support. See Crumpton v. Crumpton, 443 So. 2d 315, 317 (Fla. 1st DCA 1983) (citing Malone v. Meres, 109 So. 677 (Fla. 1926)) (“A trial court has a duty to decide issues properly before it.”); Armour v. McMiller, 15 So. 3d 923, 925 (Fla. 5th DCA 2009) (reversing award of support where trial court failed to determine net income of each parent under section 61.30 and include such findings in its judgment). As such, the failure to make any determination of child support was fundamental error.”

Schedule your meeting with a Miami divorce lawyer to understand your rights and remedies in your case.