Defendant's Attorney:

Description: Brooksbille, Florida family law lawyers represented the parties in a paternity dispute.

Juan Ramirez ("Father") timely appeals the circuit court's Amended Final Judgment of Paternity, which determined timesharing and child support issues with regard to the child ("Child") that Father shares with Tiffany Gregory ("Mother"). This Court has jurisdiction. See Fla. R. App. P. 9.030(b)(1)(A). Father contends that the trial court erred when it (1) decided summer time-sharing; (2) declined to impute income to Mother; (3) ordered him to pay toward Child's health insurance; (4) ordered him to pay the full cost of Child's health insurance, which the court calculated as $265 per month; and (5) awarded Mother retroactive child support payments. We affirm, without further discussion, as to the first four issues. However, we reverse as to the circuit court's award of retroactive child support.

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Legal issue Can a court award retroactive child support if it was not raised in the pleadings and was objected to?
Headnote

FAMILY LAW. PATERNITY AND CHILD SUPPORT. The case addresses the appeal of an Amended Final Judgment of Paternity, specifically focusing on timesharing and child support obligations, wherein the appellant argued against the trial court's jurisdiction to award retroactive child support not pled in the initial filings, and such issue was neither tried by consent. The court affirmed most determinations but reversed the retroactive child support award due to lack of jurisdiction over unpled issues.

Key Phrases Amended Final Judgment of Paternity. Summer time-sharing. Impute income to Mother. Retroactive child support payments. Tried by consent.

Outcome: REVERSED in part; AFFIRMED in part.

Plaintiff's Experts:

Defendant's Experts:

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