Under Florida law, issues related to the enforcement of temporary support orders during divorce proceedings must adhere to the principles of finality and jurisdiction. Courts must carefully navigate procedural rules to ensure compliance with interlocutory and final judgments, avoiding errors that could render orders unenforceable. The importance of correctly applying the merger doctrine and procedural rules in family law cases was illustrated in a recent Florida divorce action. If you are involved in a divorce or support enforcement matter, consulting a Miami family law attorney can help protect your rights and ensure compliance with the law.
Facts of the Case and Procedural Setting
It is reported that the husband and wife divorced. The trial court subsequently issued temporary support orders requiring the husband to pay monthly expenses for the wife and their minor child. When the husband failed to comply, the court entered multiple contempt orders and money judgments. After the partial final judgment was entered, the husband moved to vacate the prior support and enforcement orders, arguing they were extinguished by the merger doctrine. The trial court agreed, holding that the temporary support orders merged into the partial final judgment and became unenforceable. The wife then appealed.
The Merger Doctrine in Family Law Cases
On appeal, the wife argued that the trial court erred by applying the merger doctrine to extinguish the temporary support orders and judgments, as the partial final judgment explicitly reserved jurisdiction over support and financial matters. The court agreed with the wife, holding that the merger doctrine did not apply to the unresolved issues of support and enforcement. Continue reading ›