Retroactive Modification of Support Reversed

The Fourth District Court of Appeal issued an opinion yesterday in Escobar v. Escobar, in so doing reversing the lower court’s determination that a retroactive modification of child support back to the date of a 2004 Final Judgment was required.  The ruling below was based on conflicting statements in the Final Judgment as to whether the support was to be paid bi-weekly or semi-monthly.  The Fourth District found error in the lower tribunal’s essential overruling of a final, prior ruling that found no ambiguity in the Final Judgment’s determination of support, which was not appealed.  Error was also found in the Court’s review of issues not properly plead.