STATE OF FLORIDA, DEPARTMENT OF REVENUE ON BEHALF OF MAGALY DECRUMPE, APPELLANT,
v.
RULPH DECRUMPE, APPELLEE
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Florida appellate court reversed a trial court's decision allowing a father credit for withheld child support payments during periods of denied visitation, holding that a mother cannot waive a child's right to receive child support.
A parent cannot waive a child's right to receive child support, and a trial court errs in granting credit for withheld payments based on a stipulation that permits such withholding during periods of denied visitation.
[1] A parent cannot waive or stipulate away a child's right to receive court-ordered child support, and a trial court lacks authority to grant credit for withheld payments ba…
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Join FLexlaw to unlock all legal intelligenceIn July 1992, a marriage was dissolved with the mother awarded primary custody of a minor child and the father ordered to pay $467 monthly child suppo…
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PER CURIAM.
In July 1992, the marriage between these parties was dissolved and the wife was awarded primary residential custody of a minor child, with the husband required to pay $467.00 per month child support. The mother then refused visitation rights to the husband. When the wife sought to compel the accrued child support arrearage, counsel for the parties entered into a non-written stipulation providing that the husband might withhold child support payments during the period of time which the wife denied him visitation with the child.
On November 19, 1997, pursuant to an amended motion to determine arrearage, the trial court entered an order stating that the husband was to receive credit for five months of payments for the five months during which visitation was denied him, thus reducing the balance he owed from $6,342.00 to $4,007.00. In addition, the trial court vacated the stipulation previously referred to. The wife filed this appeal. The wife’s claim here is that she does not have the power or ability to waive the child’s right to receive child support. We must agree. Most of the case law agrees with this proposition, which is now codified as section 61.13(4)(b), Florida Statutes (1995). The parties have other remedies, which require no discourse here.
For the foregoing reasons, the order under review is reversed with directions to reinstate the previous order and enforce it.