Florida District Courts of Appeal, 1980

Costea v. Sanzo

Costea v. Sanzo
Florida District Courts of Appeal · Decided January 15, 1980 · Haverfield, Nesbitt, Schwartz
378 So. 2d 1327; 1980 Fla. App. LEXIS 15617 (Southern Reporter, Second Series)

Costea v. Sanzo

Opinion of the Court

PER CURIAM.

We conclude that the trial court erred in granting the appellee-husband a $2,300 credit so as to reduce to $1,000, the amount he owed in accrued past-due child support payments, the right to which had become vested in the wife. Hynes v. Hynes, 277 So.2d 557 (Fla. 3d DCA 1973); Petrucci v. Petrucci, 252 So.2d 867 (Fla. 3d DCA 1971); see Teta v. Teta, 297 So.2d 642 (Fla. 1st DCA 1974), and cases cited; cf. Gottesman v. Gottesman, 220 So.2d 640 (Fla. 3d DCA 1969). Upon remand, paragraph 7 of the order under review shall be amended to adjudicate an arrearage of $3,300.

Because the wife presented no evidence either of the value of counsel’s sérvices or *1328of her existing need, the denial of her claim for attorney’s fees below is affirmed. Schwebke v. Schwebke, 347 So.2d 645 (Fla. 3d DCA 1977); Johnson v. Johnson, 346 So.2d 591 (Fla. 1st DCA 1977).

Affirmed in part, reversed in part and remanded.

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