When a divorce case goes to final judgment, the outcome has long-lasting effects on child support, health insurance, and financial obligations. Florida appellate courts often review trial court decisions to ensure that all statutory requirements have been met and that the judgment does not impose obligations beyond what the parties requested. A recent decision from a Florida appellate court shows how even small errors in a final judgment can require partial reversal and correction. If you are navigating a divorce in Florida, a Miami family law attorney can help you protect your rights and ensure that all court orders are properly crafted.
Factual and Procedural Setting
It is reported that the husband appealed a final judgment of dissolution of marriage, raising multiple claims of error. While most issues were affirmed, the appellate court identified four errors that required reversal and remand for correction.
Allegedly, the first error concerned the child support guidelines worksheet. Although the judgment generally referenced worksheets, it did not attach or specifically identify the worksheet relied upon. Florida law requires either attachment of the worksheet or a clear reference to it within the judgment.
It is further reported that the second error involved imputed income. The judgment stated that child support was based on imputed income but did not explicitly state the amount or the source of that income. Without these factual findings, the judgment was deemed insufficient.
Allegedly, the third error related to health insurance for the children. The wife was providing health insurance at the time of judgment, but the court failed to include a provision making this a legal obligation going forward. Florida law requires that every child support order include a health insurance provision if coverage is reasonably available and accessible to the children.
It is reported that the fourth error concerned attorney’s fees. The parties had an agreed order on fees before trial, but the final judgment added a new provision requiring that any fees beyond the agreed order be paid jointly from marital funds. The husband argued that this provision was improper because neither party requested it, and because it could diminish his share of the equitable distribution.
Errors in Divorce Judgment
On review, the court agreed that the judgment needed to be corrected in these four respects. It explained that the failure to attach or identify the child support guidelines worksheet was reversible error, because the judgment must clearly show the basis for the support calculation. Similarly, an imputed income determination must include explicit findings of both the amount and the source to ensure transparency and fairness.
With respect to health insurance, the court emphasized that section 61.13 of the Florida Statutes requires all child support judgments to include a health insurance provision. Even when one parent is already paying, the judgment must formalize the obligation.
As to attorney’s fees, the court held that trial courts cannot grant relief that was not requested by either party. Adding a new obligation for fees beyond the agreed order was improper and risked upsetting the equitable distribution. Because fee awards may be sought at different stages in family law cases, the error was neither moot nor harmless. The appellate court directed that this provision be stricken.
Ultimately, the court affirmed the judgment in part, reversed it in part, and remanded with instructions to correct the identified errors.
Talk to a Trusted Miami Divorce Attorney
Divorce judgments must comply with Florida law and reflect only what the parties have requested or what the record supports. If you are facing a divorce or need to appeal a final judgment, working with an attorney is essential. At The Law Offices of Sandy T. Fox, P.A., our trusted Miami divorce attorneys represent clients in complex family law proceedings. We are committed to ensuring that judgments are accurate, fair, and legally sound. Call us today at 800-596-0579 or contact us online to schedule a confidential consultation. We serve clients throughout Miami and South Florida.