JASON RICHARD BAUMANN
v.
SARA CARDONA AGUDELO
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Parents cannot contract away a trial court's discretion to award attorneys' fees and costs under Florida Statute § 61.16 in matters requiring determination of a child's best interests.
[1] In proceedings where a trial court must determine the best interests of a child, parties cannot prospectively contract away the court's discretion to award attorneys' fee…
[2] Parents cannot contract away a child's substantive rights, including the court's ability to ensure that an advocate obtains full development of facts in child-related pro…
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Join FLexlaw to unlock all legal intelligence“where the issue in litigation requires the trial court to determine what is in the best interests of the child, the trial court has the discretion to award attorneys' fees and costs pursuant to section 61.16, notwithstanding any agreement between the parties purporting to prospectively waive the right to seek an award of attorneys' fees and costs.”
From Helinski v. Helinski, 305 So. 3d 703, 708 (Fla. 3d DCA 2020), cited to support the holding
Jason Richard Baumann appealed a circuit court decision by Judge Diana Vizcaino in Miami-Dade County involving a dispute with Sara Cardona Agudelo con…
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Opinion filed May 8, 2024. Not final until disposition of timely filed motion for rehearing.
________________
Nos. 3D23-1809; 3D23-1954 Lower Tribunal No. 18-20259
________________
Jason Richard Baumann,
Appellant,
vs.
Sara Cardona Agudelo,
Appellee.
Appeals from the Circuit Court for Miami-Dade County, Diana Vizcaino, Judge. Metschlaw, P.A., and Lawrence R. Metsch (Hollywood), for appellant. Law Offices of Richard G. Dunberg, and Richard G. Dunberg, for appellee. Before FERNANDEZ, SCALES and GORDO, JJ. PER CURIAM.
Affirmed. See Helinksi v. Helinski, 305 So. 3d 703, 708 (Fla. 3d DCA
2020) (“[W]here the issue in litigation requires the trial court to determine what is in the best interests of the child, the trial court has the discretion to award attorneys’ fees and costs pursuant to section 61.16, notwithstanding any agreement between the parties purporting to prospectively waive the right to seek an award of attorneys’ fees and costs.”); Berstein v. Berstein,
498 So. 2d 1270, 1272 (Fla. 4th DCA 1986) (“The law is clear that the parents may not contract away the rights of their child for support.” (quoting
Armour v. Allen, 377 So. 2d 798, 799-800 (Fla. 1st DCA 1979))); Engelsen v. Landers, 699 So. 2d 1031, 1032 (Fla. 4th DCA 1997) (“The point of
Bernstein is that if the parents cannot contract away a court's ability to act in the best interests of their child, then they cannot contract away one party's ability to obtain an advocate to see that the full story is developed in a child related proceeding.”); Applegate v. Barnett Bank of Tallahassee,
377 So. 2d 1150, 1152 (Fla. 1979) (“In appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error . . . Without a record of the trial proceedings,
the appellate court can not properly resolve the underlying factual issues so as to conclude that the trial court's judgment is not supported by the evidence or by an alternative theory.”) (citations omitted).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (63 total)
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Cronebaugh v. van Dyke, 415 So. 2d 738 (Fla. 5th DCA 1982)…ambers at Orlando, Florida, this 8th day of September, 1980. . See § 61.09, Fla.Stat. (1979). . Isaacs v. Deutsch, 80 So. 2d 657 (Fla.1955). . See Fla.R.Civ.P. 1.210(b). . See §§ 409.2564, 88.101, 88.181(2), Fla.Stat. (1979). . Armour v. Allen, 377 So. 2d 798 (Fla. 1st DCA 1979). . See also § 1.01(14), Fla.Stat. (1979) (defining “minor” as any person who has not attained the age of 18 years). . See § 61.13(1), Fla.Stat. (1979). . See generally 4 A. Corbin, Contracts, §§ 774, 776, 779A, 811, 812 (1951)…
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FOX v. Benton Myron Haislett, 388 So. 2d 1261 (Fla. 2d DCA 1980)…s may validly agree to reduce or eliminate child support previously ordered. Wiener v. Wiener, 343 So. 2d 1319 (Fla. 3d DCA 1977).. On the other hand, the first district court of appeal has emphatically rejected that proposition. In Armour v. Allen, 377 So. 2d 798 (Fla. 1st DCA 1979), the court said: [*1266] [T]he existence of an agreement . purporting to relieve the husband of child support payments, may be a relevant factor going to the willfulness of the husband’s failure to pay, but does not affect the ob…
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Wilcox v. Munoz, 35 So. 3d 136 (Fla. 2d DCA 2010)…equitable distribution. “Child support ‘is not a requirement imposed by one parent on the other; rather it is a dual obligation imposed on the parents by the State.’ ” Serio v. Serio, 830 So. 2d 278, 280 (Fla. 2d DCA 2002) (quoting Armour v. Allen, 377 So. 2d 798, 800 (Fla. 1st DCA 1979)). The right to child support belongs to the child, and it cannot be waived by parents. Id. We are thus disinclined to extend Esaw to cases involving child support awards. Second, in this case, unlike in Esaw, the Former Hus…
Previewing 3 of 63 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Armour v. Allen, 377 So. 2d 798 (Fla. 1st DCA 1979)
- Bernstein v. Bernstein, 498 So. 2d 1270 (Fla. 4th DCA 1986)
- Engelsen v. Landers, 699 So. 2d 1031 (Fla. 4th DCA 1997)