THE FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, ON BEHALF OF JUDITH HINSON, APPELLANT,
v.
DANNY G. HINSON, APPELLEE
THE FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, ON BEHALF OF JUDITH HINSON, APPELLANT,
DANNY G. HINSON, APPELLEE
651 So. 2d 216
Florida District Court of Appeal, Second District (1995)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant, The Florida Department of Health and Rehabilitative Services (Department), challenges an order of contempt rendered by the trial court against appellee, Danny G. Hinson, in which the court sua sponte reduced appellee’s accrued child support arrearage. We agree that the accrued child support arrearages should not have been retroactively reduced without notice and absent compelling circumstances or a valid defense. Dep’t of HRS v. Canady, 473 So. 2d 273 (Fla. 2d DCA 1985).
Reversed and remanded for treatment in accordance herewith.
CAMPBELL, A.C.J., and ALTENBERND and QUINCE, JJ., concur.
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Citator
Cited By
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State v. Evans, 706 So. 2d 933 (Fla. 2d DCA 1998)…. Evans owes because the trial court cannot modify this obligation absent a pleading and proof of compelling circumstances such as laches, es-toppel, waiver, or other equitable reasons. See Florida, Dep’t of Health & Rehabilitative Servs. v. Hinson, 651 So. 2d 216 (Fla. 2d DCA 1995); State, Dep’t of Health & Rehabilitative Servs. v. Canady, 473 So. 2d 273 (Fla. 2d DCA 1985). There is no such pleading or proof in this record. Reversed and remanded for further .proceedings. ALTENBERND, A.C.J., and QUINCE an…
Authorities Cited
- State of Fla. Dep't OF Health & Rehabilitative Servs. v. Wheeler Canady, 473 So. 2d 273 (Fla. 2d DCA 1985)