Fourth DCA Holds Restitution of Support is Possible after a Case is Dismissed for Lack of Jurisdiction
The marital and family law attorneys of Nugent & Zborowski practice all areas of divorce and family law in West Palm Beach, Florida, and also handle divorce, paternity and modification of alimony and child support cases in West Palm Beach and the greater Palm Beach County, Martin County and Broward County area, including divorce, paternity and support cases in the vicinity of Palm Beach, North Palm Beach, Palm Beach Gardens, Royal Palm Beach and Jupiter.
The West Palm Beach divorce and family law attorneys of Nugent & Zborowski recently reviewed Marshall v. Marshall, 35 Fla. L. Weekly D1295 (Fla. 4th DCA June 9, 2010). In Marshall, the appellate court previously reversed a trial court order denying the husband’s motion to dismiss for lack of personal jurisdiction. On remand, the issue was whether the trial court could order the wife to pay restitution to the husband for the support he was previously ordered to pay before the appellate court reversed the order on his motion to dismiss. The trial court declined to order restitution and the husband appealed.
On appeal, the Marshall court again sided with the husband stating: “We find the trial court has the jurisdiction to grant or deny restitution after due consideration. It is clear that the trial court in this matter erred in denying the husband any restitution based on the erroneous belief that the trial court did not have the authority to grant restitution.”
For more information, call 561.844.1200 and speak to an attorney with the Law Offices of Nugent & Zborowski about how Florida’s child support guidelines and alimony and equitable distribution guidelines apply to your situation.
The attorneys of Nugent & Zborowski exclusively handle Divorce & Family Law matters in and around West Palm Beach and Palm Beach County, Florida, and also handle divorce, paternity and modification of alimony and child support cases in the vicinity of Palm Beach, North Palm Beach, Palm Beach Gardens, Royal Palm Beach and Jupiter. For more information call (561) 844-1200 or visit the firm’s website, www.nugentlawfirm.com.