5D04-927 Alvarez v. Singh

State: Florida

Court: Florida Fifth District Court

Docket No: 5D04-927

Case Date: 11/29/2004

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2004

ERIC ALVAREZ, Appellant, v. SHERRY SINGH, Appellee. ______________________________/ Opinion filed December 3, 2004 Non-Final Appeal from the Circuit Court for Orange County, James C. Hauser, Judge. Howard Friedman of Heller & Friedman, P.A., Orlando, for Appellant. No Appearance for Appellee. SHARP, W., J. Alvarez appeals from an order rendered after he filed a motion for relieffroma finaljudgment which required him to pay Singh child support and arrearages for their minor child, Victor Niko Garcia. We affirm in part and reverse in part. The record in this case discloses that Alvarez and Singh were not married, and for a period of time Alvarez did not know whether Victor was his child. Singh filed for a judgment of paternity, and a Final Judgment of Paternity and Related Relief was entered. The court ordered child support retroactively at CASE NO. 5D04-927

a rate of $638.33 per month, and found that the retroactive arrearages were $41,589.78. It ordered Alvarez to pay twenty percent of the total sum,1 or $127.66 per month, in arrearages until Victor attained his majority. At Victor's majority, the entire amount of child support was to continue until the arrears were paid in full. The total payment Alvarez was to make, pursuant to the final judgment, was $765.99 per month. Three months later, Alvarez filed this Supplemental Petition for Modification of Child

Support/Motion for Relief From Final Judgment, in which he asked for a downward reduction in child support. In the petition he claimed the court erred in imposing day care costs of $95.92. He also alleged that his health insurance premium, including that portion for Victor, had increased, and that his income had decreased. A hearing on the modification petition was held before a successor judge. At that hearing, Singh's attorney advised the court that Singh's parents cared for Victor after school and that she was not, in fact, incurring this expense. The judge reduced Alvarez' child support payment by the amount of the day care expenses, but ordered Alvarez to continue to pay the same total amount of child support

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