First District Court Affirms Modification of Support for Respite Care

The First District Court ruled today in Koslowski v. Koslowski, in so doing distinguishing that ruling from the Second District’s prior ruling in Kuttas v. Ritter, 879 So.2d 3 (Fla. 2d DCA 2004).  In that older case, the Second District allowed a modification of child support to provide for respite care expenses caused by the non-custodial parent’s move out of state and the need for child care for the parties’ teenage children as a result.  In Koslowski, the father argued that because he had not ceased exercising his timesharing, he could not be liable for such additional expenses.  The First DCA found that, as the expenses in this case were medical in nature, and as the exercise of timesharing was only one of many factors considered in Kuttas, the modification was appropriate.