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Siderias v. Kilpatrick

District Court of Appeal of Florida, Fifth District
Jan 23, 1995
648 So. 2d 786 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-1564.

December 22, 1994. Rehearing Denied January 23, 1995.

Appeal from the Circuit Court, Orange County, George A. Sprinkel, IV, J.

Joseph Charles Rubel, Orlando, for appellant.

Marvin Mandell, Orlando, for appellee.


Appellant asserts there is no support in the record for the trial judge to have refused to terminate his duty to provide child support for his over-age children. He also says the judge erred by failing to make specific findings regarding the needs of these children. As to his latter argument, appellant is correct. Where a trial court has made no finding that a child over the age of eighteen is dependent, a continuation of child support payments is improper. The evidentiary findings should be specifically set out in the order. Gelman v. Gelman, 512 So.2d 236 (Fla. 1st DCA 1987). See also Spurlock v. Spurlock, 552 So.2d 326 (Fla. 1st DCA 1989); Soles v. Soles, 536 So.2d 367 (Fla. 1st DCA 1988); Dwyer v. Dwyer, 327 So.2d 74 (Fla. 1st DCA 1976). Accordingly, the order is reversed and the cause remanded for the trial court to make specific findings of fact which will support the requirement. As to whether the court's order is supported by the record, we must lay that problem back on appellant. He provided this court with no transcript.

REVERSED and REMANDED.

DAUKSCH, W. SHARP and PETERSON, JJ., concur.


Summaries of

Siderias v. Kilpatrick

District Court of Appeal of Florida, Fifth District
Jan 23, 1995
648 So. 2d 786 (Fla. Dist. Ct. App. 1995)
Case details for

Siderias v. Kilpatrick

Case Details

Full title:COSTAS SIDERIAS, APPELLANT, v. RUBY KILPATRICK F/K/A RUBY SIDERIAS…

Court:District Court of Appeal of Florida, Fifth District

Date published: Jan 23, 1995

Citations

648 So. 2d 786 (Fla. Dist. Ct. App. 1995)