Schmucker v. Schmucker
Schmucker v. Schmucker
Opinion of the Court
We have for review on appeal and cross-appeal portions of an order enforcing certain provisions of an agreement entered into by the parties and made a part of the final judgment of dissolution of marriage entered in 1974 by the Circuit Court of Dade County, Florida.
The agreement provided, in pertinent part, that: the husband would pay to the wife $100.00 per month as alimony, the husband would pay to the wife $300.00 per month as child support, and the parties would continue to own the marital residence as tenants in common with the wife
In December, 1980 the appellant filed a motion for change of child custody.
Both parties filed exceptions to the Gen-_ eral Master’s report. After hearing thereon, the trial judge denied the exceptions. It is from this order that the husband has appealed and the wife has cross-appealed.
Appellant contends that the trial court erred in increasing the child support payments from $300.00 per month to $636.00 per month and, also, that it was error for the master and the trial court to use the consumer price index as the sole criterion for setting the amount of increase in child support. We find no merit in such contentions. The record does not show any compelling or extraordinary circumstances which would justify a refusal of the trial court to enforce the terms of the agreement between the parties. Underwood v. Underwood, 64 So.2d 281 (Fla. 1953); Clark v. Clark, 79 So.2d 426 (Fla. 1955); Jaffee v. Jaffee, 394 So.2d 443 (Fla. 3d DCA 1981); Adler v. Adler, 391 So.2d 242 (Fla. 3d DCA 1980); Smithwick v. Smithwick, 343 So.2d 945 (Fla. 3d DCA 1977). The trial court was correct in ruling in accordance with the terms of the agreement entered into by the parties.
As to the cross-appeal, we find merit in appellee’s contention that the court erred in ordering that the increase in child support should become effective as of January 28, 1982, rather than on the date of the wife’s remarriage, as was provided for in the agreement. We therefore reverse that portion of the order with directions to make the increase in child support effective retroactive to the date of the wife’s remarriage, i.e., January 2, 1981.
The order appealed is in all other respects affirmed.
Affirmed in part and reversed in part, with directions.
. The appellant subsequently abandoned this position.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.