Godin v. Owens
Godin v. Owens
Opinion of the Court
Jonelle Godin appeals the final judgment of paternity that establishes time-sharing and child support concerning her two minor children with Chris Owens. We affirm the final judgment of paternity, without discussion, in all respects except for the child support obligation because the trial court made its ruling after Mother filed her motion to disqualify or recuse.
Generally, a trial court must grant a legally sufficient motion to disqualify immediately and may not take any further action in the matter. Berry v. Berry,
Here, the trial took place before Mother filed her motion to disqualify, and the written judgment comports with the extensive oral findings and rulings the trial court made at the end of trial. This includes oral findings as to income that are supported by competent, substantial evidence. The trial court, however, did not make any oral findings as to the proposed child support guidelines worksheets, and the parties' respective child support guidelines worksheets are at odds. Although the trial court had a separate hearing before Mother filed her motion to disqualify where it appears it considered the child support guidelines, the court minutes indicate that the trial court reserved its ruling. The trial court set the child support amount a few days after Mother filed her motion to recuse and the day before it issued the order recusing itself. Consequently, the trial court exceeded its authority when it ruled on the child support obligation. See Plaza v. Plaza,
Accordingly, we reverse the amount of the child support obligation and remand for further proceedings. The final judgment is otherwise affirmed.
AFFIRMED in part; REVERSED in part; and REMANDED.
BERGER, WALLIS and EISNAUGLE, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.