Onye v. Dept. of Revenue ( 2015 )


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  •        Third District Court of Appeal
    State of Florida
    Opinion filed December 23, 2015.
    Not final until disposition of timely filed motion for rehearing.
    ________________
    No. 3D14-2519
    Lower Tribunal Nos. 14-1709 & 1277362203
    ________________
    Hope Madu Onye,
    Appellant,
    vs.
    Department of Revenue o/b/o Johnnel E. Missick,
    Appellee.
    An Appeal from the Circuit Court for Miami-Dade County, Martin Shapiro,
    Judge.
    Hope Madu Onye, in proper person.
    No appearance, for appellee.
    Before ROTHENBERG, SALTER and LOGUE, JJ.
    LOGUE, J.
    We reverse the award of retroactive child support because the record is
    silent as to whether the former husband and the former wife resided together with
    the children during the period of retroactivity. See Motie v. Motie, 
    132 So. 3d 1210
    , 1214-15 (Fla. 5th DCA 2014); see also § 61.30(17), Fla. Stat. (2014). We
    affirm the trial court’s order on all other grounds.
    2
    

Document Info

Docket Number: 14-2519

Filed Date: 12/23/2015

Precedential Status: Precedential

Modified Date: 12/23/2015