SHLOMIT GALPERIN, APPELLANT,
v.
BORIS GALPERIN, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A former wife appeals a trial court's order increasing her child support obligation. The appellate court affirmed the trial court's decision to include alimony as income and to grant the upward modification, but reversed and remanded regarding the retroactive date, holding that the modification should be retroactive to the former husband's petition date (February 25, 2002) rather than the former wife's earlier petition date (August 3, 2001).
The court affirmed that alimony may be included as income for child support calculation purposes. However, the court reversed the retroactive date determination, holding that the upward modification should be retroactive to February 25, 2002 (the date the Former Husband filed his petition for an increase), not August 1, 2001 (the date the Former Wife filed her petition for a reduction).
[1] Alimony received by a former spouse may be included as income when calculating child support obligations.
[2] A child support modification cannot be made retroactive to a date prior to the filing of the petition seeking that modification.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a trial court may not make a child support modification retroactive to a date prior to the filing of the petition seeking that modification”
Establishes the core legal rule that child support modifications cannot be made retroactive before a petition is filed
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Former Husband and Former Wife divorced in 1994, with the Former Wife owing $82 per month in child support. On August 3, 2001, the Former Wife fil…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Earning Capacity cases and more on FLexlaw
SILBERMAN, Judge.
Shlomit Galperin, the Former Wife, appeals the trial court’s order increasing her child support obligation. First, she argues that the trial court erred by including as part of her income the alimony that she receives from Boris Galperin, the Former Husband. We find no error as to this issue and affirm without comment. Second, she argues that the trial court erred by making the upward modification of her child support obligation retroactive to the date that she filed a petition seeking modification of her obligation. We agree because the obligation should have been retroactive to the date that the Former Husband filed his petition for an increase in support, not the earlier date on which the Former Wife sought a reduction in her support obligation.
The Former Husband and the Former Wife were divorced in 1994. The trial court awarded shared parental responsibility of the parties’ minor children with their primary physical residence to be with the Former Husband, and it ordered the Former Wife to pay child support in the amount of $82 per month to the Former Husband.
On August 3, 2001, the Former Wife filed a petition to reduce her child support payments for various reasons, including that the oldest child had reached the age of majority. On February 25, 2002, the Former Husband filed a petition for an increase in the Former Wife’s child support obligation, alleging that the Former Wife was working and that the needs of the minor child had increased.
Following an evidentiary hearing, the trial court found that there had been a substantial change in circumstances as to the needs of the minor child and the parties’ earning capacities. The trial court calculated the Former Wife’s child support obligation pursuant to the guidelines to be $489.51 per month, an increase from her prior obligation of $82 per month. The trial court awarded the upward modification retroactive to “August 1, 2001 when [the Former Wife] filed her Petition for Modification of Support.” 1 This created an arrearage in the amount of $4075.10, which the trial court ordered the Former Wife to pay at the rate of $97.90 per month.
The Former Wife correctly argues that a trial court may not make a child support modification retroactive to a date prior to the filing of the petition seeking that modification. See Wertheim, v. Wertheim, 667 So. 2d 331, 332 (Fla. 1st DCA 1995); see also Snyder v. Linville, 659 So. 2d 1373 (Fla. 2d DCA 1995). This is true even if the trial court had jurisdiction over the matter prior to the filing of the petition. See McDowell v. McDowell, 770 So. 2d 1289, 1289 (Fla. 1st DCA 2000). The rationale behind this rule is that it is the filing of the petition that places the obligated party on notice of a potential increase in his or her support obligation. See Garrett v. Garrett, 707 So. 2d 382, 383 (Fla. 5th DCA 1998).
Although the trial court eliminated the Former Wife’s obligation with respect to the child who had reached the age of majority, it granted the Former Husband’s request for an upward modification of support for the minor child. The latter relief was first contemplated in the Former Husband’s petition; thus, the trial court should have made the upward modification retroactive to the date of filing of the Former Husband’s petition.
Accordingly, we reverse the trial court’s order to the extent that it makes the upward modification of child support retroactive to the filing date of the Former Wife’s petition, and we remand with instructions that the upward modification be made retroactive to the filing date of the Former Husband’s petition. Because of the date change, the trial court must also recalculate the amount of the Former Wife’s arrearage.
Affirmed in part, reversed in part, and remanded.
NORTHCUTT and DAVIS, JJ., concur. . The record reflects that the Former Wife actually filed her petition on August 3, 2001. However, because the trial court should have made the modification retroactive to February 25, 2002, the date of filing of the Former Husband’s petition, the error does not affect the outcome of this appeal.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Knight, 365 So. 2d 138 (Fla. 1978)…PER CURIAM. Reversed. State v. Allen, 862 So. 2d 10 (Fla.1978); Dunnigan v. State, 364 So. 2d 1217 (Fla.1978); State v. Lewis, 364 So. 2d 1223 (Fla.1978); State v. Belgrave, 364 So. 2d 1225 (Fla.1978). ENGLAND, C. J., and ADKINS, BOYD, OVERTON, SUNDBERG, HATCHETT and ALDERMAN, JJ., concur.…
-
Birkmire v. Birkmire, 219 So. 3d 991 (Fla. 5th DCA 2017)…ermine that Appellant’s challenge to the order of modification of child support is meritorious in one respect. The trial court erred in retroactively modifying support to a date before the petition seeking the relief was filed. Galperin v. Galperin, 862 So. 2d 10, 12 (Fla. 2d DCA 2003). On remand, the court shall order the reduction in child support retroactive to December 4, 2012, and recalculate Appellee’s credit accordingly. In all other respects, the judgment is affirmed. AFFIRMED IN PART; REVERSED IN…
Authorities Cited
- Wertheim v. Wertheim, 667 So. 2d 331 (Fla. 1st DCA 1995)
- Snyder v. Linville, 659 So. 2d 1373 (Fla. 2d DCA 1995)
- Garrett v. Roseann Garrett, 707 So. 2d 382 (Fla. 5th DCA 1998)
- McDOWELL v. McDOWELL, 770 So. 2d 1289 (Fla. 1st DCA 2000)