CopyCited 15 times | Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 581, 1995 Fla. LEXIS 1953, 1995 WL 689537
...hether or not the separation is that person's fault), to pay support for them. When the court orders support unconnected with dissolution, it will establish the child(ren)'s primary residency and the custody and visitation rights of the parents. See section 61.10, Florida Statutes for more information about receiving support unconnected with dissolution of marriage, Appendix 2, for information about child custody and visitation, and Appendix 3, for information about child support....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 1995 WL 1643
...g spousal support was pending in the Sumter County action. At the same time, prior to transferring the action, the court found that it did possess jurisdiction to award temporary child support based on the wife's Broward County residence pursuant to section 61.10, Florida Statutes (1993)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1997 WL 253026
...Appellee refused to allow appellant visitation with the child or to disclose the whereabouts of the child's caretaker. He drove her to the airport, bought her a ticket and placed her on a direct flight to Germany. On July 18th, appellee filed a petition for custody pursuant to section 61.10, Florida Statutes (1995) and requested an emergency ex parte order for temporary custody of the minor child alleging abuse of the child by appellant....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 715, 1985 Fla. App. LEXIS 14029
...and may not merely "cast off his or her responsibility to third persons for obligations incurred by the other spouse for items which are of the character of the family expenses." St. Luke's Medical Center v. Rosengartner, 231 N.W.2d 601 (Iowa 1975). Section 61.10, Florida Statutes, permits a spouse to present the issue to a court....
...Even if an abandonment had occurred, however, the husband failed to take the measures provided by law for relief from his legal obligations. The Florida legislature has provided legal avenues for an abandoned spouse to obtain a judicial determination altering his or her financial obligations. For example, section 61.10, Florida Statutes (1983) provides: Adjudication of obligation to support spouse or minor children unconnected with dissolution; child custody and visitation....
...Public Health Trust,
374 So.2d 476, 478 (Fla. 1979) (section
708.10, Florida Statutes (1977) "does not create a duty on the part of the husband to support his wife"), cert. denied,
444 U.S. 1062,
100 S.Ct. 1003,
62 L.Ed.2d 745 (1980). Likewise, the majority's reliance on section
61.10, Florida Statutes (1983), is misplaced....
...(See the affidavits of Virginia Santaniello and Lolan Beers.) Of course, whether an actual abandonment does exist here would be a question of fact to be established by the evidence. [2] The majority indicates that Beers could have raised abandonment as a legitimate basis to avoid liability in a petition filed pursuant to section 61.10, Florida Statutes (1983)....
CopyPublished | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 5049
the same rights as the husband is afforded under §
61.10, Fla.Stat.1967, F. S.A., whereby the husband may
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 12291, 1997 WL 683291
...Two chapters of Florida Statutes provide for trial court jurisdiction of custody of children. Chapter 39 addresses juvenile matters, including dependency and parental termination proceedings, and Chapter 61 addresses dissolution of marriage, support and custody of children. Under section 61.10, Florida Statutes (1995), a trial court may establish the primary residence and custody of children between two spouses, unconnected with a dissolution....
CopyPublished | Florida 4th District Court of Appeal
...at 923 n.1.
The Second District assumed that the parties had made such a request.
Id.
Although the Second District was unsure whether “the extensive
regulation of child support that is statutorily required in a divorce is also
essential when the parents are merely subject to a separation order under
section 61.10,” the court concluded that it had “no need to resolve this
issue in this case.” Id....
...en reasoned that HRS, which had
no greater rights than the wife, was entitled to seek a change of the method
of payment only if the husband defaulted:
Assuming the requirements of section
61.13(1)(d) apply to
this order entered under section
61.10, HRS has the “same
rights as” Mrs....
CopyPublished | Florida 5th District Court of Appeal | 2001 Fla. App. LEXIS 2074, 2001 WL 197927
...arties’ minor child to Florida pending disposition of the parties’ custody action. We affirm. 1 Carmine Pate (father) filed a petition for temporary child custody, child support, and visitation unconnected with a dissolution of the marriage. See § 61.10, Fla....
CopyPublished | Florida 1st District Court of Appeal | 1974 Fla. App. LEXIS 7343
corpus. The appellee-wife contends that under §
61.10, Fla.Stat., she may obtain an adjudication of the
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 5494
PER CURIAM. This is an interlocutory appeal from an order of the Circuit Court of Broward County striking the counterclaim of defendant-wife in an action brought by her husband under Section 61.10, Florida Statutes, F.S.A. We reverse. Plaintiff-husband, who was living apart from his wife at the time of commencement of the pending suit, brought a petition under Section 61.10, Florida Statutes, F. S.A., for an adjudication of his financial obligations to the defendant and their children, and to fix custody and visitation rights of the parties. Section 61.10 provides as follows: “61.10 Rights of husband unconnected with causes of divorce....
...e’s counterclaim is based upon her statutory rights under F.S. Section
61.09, F.S.A., it would be improper to strike it, unless it can be said as a matter of law that the statute is in all respects identical to and provides the same relief as F.S. Section
61.10, F.S.A., thus making defendant’s counterclaim redundant. This is not the case. A wife’s rights under F.S. Section
61.09, F.S.A., depend either on the existence of grounds for divorce or upon need coupled with the husband’s failure to provide support, whereas the husband may obtain a §
61.10 adjudication without any findings of fault or need....
...In the instant case, defendant’s claim is predicated upon grounds for divorce, which she seeks to prove by her counterclaim. Therefore, we conclude that although the ultimate award to the wife and children may be the same under either §
61.09 or §
61.10, the elements of proof necessary to establish a claim under §
61.09 are distinct from the elements necessary under §
61.10, *742 so that it is not “redundant” to ask for §
61.09 relief in a §
61.10 suit....
...a divorce action, of being released from the control of her husband. This the statute clearly did not contemplate. Finally, the counterclaim of defendant-wife seeks attorney’s fees and court costs in the pending action, a right not provided for by Section 61.10 nor put at issue by the husband’s complaint....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 4512, 1992 WL 81080
...tion
61.13(l)(d), Florida Statutes (1989). We affirm the order denying this modification. On October 22, 1990, Mrs. Branscomb filed a petition for custody and support for a minor child without dissolution of marriage. This petition was authorized by section
61.10, Florida Statutes (1989)....
...Moreover, HRS did not allege that Mr. Branscomb had failed to make his payments directly to his wife. Thus, the petition alleges neither a change in circumstances nor any default by Mr. Branscomb. Assuming the requirements of section
61.13(l)(d) apply to this order entered under section
61.10, HRS has the “same rights as” Mrs....
...We have no reason to conclude that they did not. Moreover, it is not entirely clear to us that the extensive regulation of child support that is statutorily required in a divorce is also essential when the parents are merely subject to a separation order under section 61.10....
