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Bittick v. Bittick, 297 So.3d 397

Facts

Charles Stroud Bittick and Emily Major Bittick were married in 2004 and have two children. After separating in April 2016, the mother filed for divorce in July 2016. A pendente lite agreement was established, which included child support provisions and restrictions on overnight guests of the opposite sex. Following a trial, the court awarded the mother child support and required the father to pay for various expenses related to the children. The father appealed the court's decisions regarding child support and contempt.

Charles Stroud Bittick and Emily Major Bittick were married in 2004 and have two children. After separating in April 2016, the mother filed for divorce in July 2016. A pendente lite agreement was established, which included child support provisions and restrictions on overnight guests of the opposite sex.

Issue

The main issues on appeal were whether the trial court erred in awarding $30,000 in retroactive child support without sufficient findings, whether the $2,500 monthly child support was excessive, and whether the trial court should have found the mother in contempt.

The main issues on appeal were whether the trial court erred in awarding $30,000 in retroactive child support without sufficient findings, whether the $2,500 monthly child support was excessive, and whether the trial court should have found the mother in contempt.

Rule

The court applied the principle that child support must rationally relate to the reasonable and necessary needs of the child, considering the lifestyle the child was accustomed to and the obligor parent's ability to pay. Additionally, the court noted that retroactive child support can be awarded when a pendente lite order was not in place.

The court applied the principle that child support must rationally relate to the reasonable and necessary needs of the child, considering the lifestyle the child was accustomed to and the obligor parent's ability to pay.

Analysis

The appellate court found that the trial court's award of $2,500 in monthly child support was supported by evidence of the children's reasonable expenses, which exceeded the awarded amount. However, the court determined that the trial court failed to provide adequate findings to support the $30,000 retroactive child support award, as it did not clarify the period covered or how the amount was calculated. The court also upheld the trial court's discretion in not holding the mother in contempt, as her actions did not constitute a willful violation of the order.

The appellate court found that the trial court's award of $2,500 in monthly child support was supported by evidence of the children's reasonable expenses, which exceeded the awarded amount.

Conclusion

The appellate court affirmed the trial court's decision regarding the monthly child support but reversed the retroactive support award, remanding the case for further findings. The court also upheld the trial court's decision not to find the mother in contempt.

The appellate court affirmed the trial court's decision regarding the monthly child support but reversed the retroactive support award, remanding the case for further findings.

Who won?

The prevailing party was the mother, as the court upheld the monthly child support award and the requirement for the father to pay for extracurricular expenses.

The prevailing party was the mother, as the court upheld the monthly child support award and the requirement for the father to pay for extracurricular expenses.

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