Dr. Jonathan Frantz v. Jennifer Crawford-Frantz

Summary

The Sixth District Court of Appeal of Florida reviewed a dissolution-of-marriage judgment awarding retroactive child support. The court held that the calculation improperly included periods when the parties and their child lived together, contrary to section 61.30(17), Florida Statutes. The judgment was affirmed in part, reversed in part, and remanded for recalculation of retroactive child support and any affected payments.

Holdings

1. Under section 61.30(17), Florida Statutes, retroactive child support may not include any period during which the parents and child resided together in the same household. The award must begin only after the parties and child stopped residing together, subject to the statute's twenty-four-month limitation preceding the filing of the petition.
2. The final judgment is affirmed in all respects other than the retroactive child-support calculation, which is reversed and remanded for correction.

Questions Presented

1. Whether the trial court improperly awarded retroactive child support for a period during which the parents and child continued to reside together in the same household.
2. Whether the final judgment should otherwise be affirmed after the remaining appellate issues were resolved or rendered moot by subsequent lower-court rulings.

Disposition

reversed_and_remanded