CopyCited 872 times | Published | Supreme Court of Florida | 53 U.S.L.W. 2573, 10 Fla. L. Weekly 249, 1985 Fla. LEXIS 3238
...[4] See, e.g., §
61.181(5)(b), Fla. Stat. (Supp. 1984) (alimony and child support enforcement); §
77.28, Fla. Stat. (1983) (garnishment); §
718.303, Fla. Stat. (Supp. 1984) (condominium actions); §
725.07, Fla. Stat. (1983) (credit discrimination actions); §
742.031, Fla....
CopyCited 51 times | Published | Supreme Court of Florida | 15 Media L. Rep. (BNA) 1901, 57 U.S.L.W. 2180, 13 Fla. L. Weekly 497, 1988 Fla. LEXIS 893, 1988 WL 89764
...Perez,
164 So.2d 561 (Fla. 3d DCA 1964); Harman v. Harman,
128 So.2d 164 (Fla. 3d DCA 1961). While Florida, as a matter of public policy, has expressly made certain civil proceedings confidential (adoptions, §
63.162, Fla. Stat. (1987); paternity, §
742.031, Fla....
CopyCited 32 times | Published | Supreme Court of Florida
...of money. A reading of the Florida paternity suit statute indicates that the remedy intended by the legislature was limited to monetary payments for the support of the illegitimate child. All of the language of that chapter is couched in such terms. Section 742.031 provides in pertinent part: The court shall determine the issues of paternity of the child, and the ability of the parents and each of them to support the child and if the court shall find the defendant to be the father of the child h...
...In addition the court shall order the defendant to pay periodically for the support of such child such sums as shall be fixed by the court ... . [Emphasis added.] We believe the meaning of the term "voluntary payments" in section
95.051(1)(e) can best be determined in view of the legislative remedy envisioned by section
742.031....
...e purported father. The legislature has designed a statutory scheme which matches the action sufficient to toll the limitations period to the remedy provided when the statute is invoked. We conclude that in view of the restrictive monetary remedy in section
742.031, the legislature intended to include only monetary payments under the phrase "voluntary payments" when it enacted the limitations provision of section
95.051(1)(e)....
CopyCited 26 times | Published | Florida 4th District Court of Appeal | 2005 WL 1751268
...[3] Patterson is not applicable to this case because it was decided under an old provision of the UCCJA which, unlike the UCCJEA, did not consider a foreign country a state for jurisdiction purposes.
875 So.2d at 647. [4] The Supreme Court made this declaration in reference to the provision of section
742.031(1), (2), which states, in pertinent part: (1) ......
CopyCited 23 times | Published | Supreme Court of Florida
...She alleged intimacies with appellant and asserted that he was the father of her child then unborn. She requested relief under the statute above cited. Appellant answered denying the allegations of the complaint and requesting trial by jury on the issue of paternity as provided by Section 742.031, Florida Statutes, F.S.A....
CopyCited 23 times | Published | Florida 3rd District Court of Appeal | 1990 WL 78551
...2d DCA 1980). Second, we find that the amount awarded by the trial court for child support is reasonable in light of the evidence presented, the child's needs and the ability of the parents to pay support. Thus, we affirm the award of child support. Section 742.031, Florida Statutes (1987), states in pertinent part: "The court shall order either or both parents owing a duty of support to the child to pay support as from the circumstances of the parties is equitable." Once paternity is determined the legal duty to support the child is imposed....
...The criteria to be considered in awarding child support are the child's needs and the ability of each parent to pay support. Coleman,
424 So.2d at 170 (citing Davis v. Davis,
371 So.2d 591, 593 (Fla. 2d DCA 1979)); Butler v. Butler,
409 So.2d 517 (Fla. 5th DCA 1982); §
742.031, Fla....
...eeding. This type of action is even filed in the family law division. Moreover, an attorney filing a paternity suit will be paid for his representation *147 by either the mother who unsuccessfully prosecuted the action or by the putative father. See § 742.031, Fla....
...1st DCA 1989), the defendant's admission of liability by virtue of the November 20, 1986 settlement triggered the plaintiff's entitlement to attorney's fees. In the instant case, the father's liability for attorney's fees was determined after a judgment on paternity. Therefore, under Section 742.031, Florida Statutes (1987), it was the April 26, 1988 adjudication of paternity which triggered the mother's entitlement to, and the father's liability for payment of her attorney's fees....
CopyCited 21 times | Published | Florida 1st District Court of Appeal
...e within the trial court's discretion. Carlyon also challenges another evidentiary ruling which need not be discussed, for we find it to be without merit. We reject Weeks' challenge to the amount of the award of attorney's fee which is authorized by Section 742.031, Florida Statutes (1973)....
CopyCited 19 times | Published | Florida 2nd District Court of Appeal | 2001 WL 331984
...NOTES [1] There is a small exception to this rule in probate proceedings. Bissmeyer v. Southeast Bank, N.A.,
596 So.2d 678 (Fla. 2d DCA 1991). [2] The most common example of this situation is a case in which an insured on remand must establish a right to insurance benefits. §
627.428, Fla.Stat. (2000). [3] See also §
742.031(1), Fla.Stat....
CopyCited 17 times | Published | Florida 3rd District Court of Appeal | 1 Media L. Rep. (BNA) 2361, 1976 Fla. App. LEXIS 14029
...Additionally, the Florida Legislature has vested the courts with the statutory authority in certain types of proceedings to exclude the press and the public. See, e.g., § 39.03 Fla. Stat., F.S.A., (certain juvenile proceedings); §
63.162 Fla. Stat., F.S.A., (adoption proceedings); §
742.031, Fla....
CopyCited 17 times | Published | Florida 1st District Court of Appeal
...Duval County, denying her motion for attorney's fees and costs. The sole question presented for our determination in this appeal is whether that court erred in denying her motion for an attorney's fee and costs "in conformity with the provisions" of Section 742.031, Florida Statutes, F.S.A....
...69-679) is that the fee order which was the subject of appeal No. 69-1044 also should be reversed. This is so because in a proceeding brought under Chapter 742 Fla.Sta., F.S.A., the authority to order the defendant to pay plaintiff's attorney fees, as provided for in § 742.031, is made to depend on the plaintiff's prosecution of her cause to a successful termination." The normal meaning of the word "shall" is mandatory by nature, as pointed out by the Supreme Court of Florida in Neal v....
...rights acquired pursuant to the statute authorizing the bond issue." The question of the propriety of the trial court's order denying the plaintiff's motion to tax court costs against the defendant cannot be so readily disposed of, for the statute (Section 742.031, Florida Statutes F.S.A.), quoted above, does not mandatorily require the court to order the defendant to pay court costs, as the statute requires as to attorney's fees, but only requires the court to order the defendant specifically...
CopyCited 15 times | Published | Supreme Court of Florida
...were entitled to such a hearing. Therein the Court found the statutory scheme violative of due process and equal protection and recognized that the interests of parent and child were more important than the procedural advantages of the statute. F.S. Section 742.031, F.S.A. provides: "742.031 Same; hearings; court orders, support, hospital expenses, etc....
...as precluding the circuit court in a proper case and upon a sufficient showing from granting the father seeking the same, similar rights of child custody as may be granted a father in a dissolution of marriage situation. We construe the language of Section
742.031 and of Section
742.06 to authorize the court to enter such order or orders as the equity and justice of the particular matter concerning the custody and support of the subject child may require, inasmuch as a child in a Chapter 742 si...
...sire exists, but in a proper case and upon a proper showing by the father that he seeks custody and is the better fitted and suitable person for the role, the court may in its sound judgment and discretion award the custody of the child to him. F.S. Section 742.031, F.S.A., among other things, provides that if the circuit court "shall find the defendant to be the father of the child he shall so order and shall further order the defendant to pay the complainant, her guardian or such other person assuming responsibility for the child as the judge may direct ......
CopyCited 14 times | Published | Supreme Court of Florida | 1998 WL 765134
...12.491(e)(3). Second, chapter 742, Florida Statutes (1997), is the exclusive remedy for establishing paternity, P.N.V. v. Washington,
654 So.2d 1274 (Fla. 2d DCA 1995), and provides that any determination of paternity also involves a determination of custody. Section
742.031, Florida Statutes (1997), governs hearings in paternity proceedings....
CopyCited 12 times | Published | Florida 1st District Court of Appeal | 1991 WL 279425
...gment against Mr. Neal, must be supported by findings of fact demonstrating that Mr. Neal would have the ability to pay within the time frame contemplated by the order. "The court shall determine ... the ability of the parents to support the child." § 742.031, Fla....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 4208, 34 Fla. L. Weekly Fed. D 901
...support even where it is not sought in the pleadings. In Freetly v. Mascolo,
757 So.2d 1286 (Fla. 4th DCA 2000), the father brought an action seeking primary residential custody. The trial court awarded him custody and awarded child support, citing section
742.031(1), Florida Statutes (1999), which provides that the "court shall order either or both parents owing a duty of support to the child to pay support pursuant to s....
CopyCited 10 times | Published | Supreme Court of Florida
...ther of Leonard Alton Wall, Jr., respondent's illegitimate child. He required petitioner to pay respondent's attorneys a reasonable fee, costs of the suit and $50 per month for support of the child, now approximately twelve years of age. The statute section 742.031, F.S.A., authorized such payment and the amount required by the chancellor is not challenged; there is no showing whatever of bad faith in bringing the bastardy proceeding....
CopyCited 10 times | Published | Florida 4th District Court of Appeal
...t appellant is the natural father of Russell Hornsby. Thus, the appellee/mother contends there is a legal obligation upon the appellant/father to provide support. Such allegations fall squarely within the ambit of the paternity statute. For example, section 742.031, Florida Statutes (1981), expressly empowers the trial court to require a party to pay child support, to pay costs for the proceedings and to pay reasonable attorney's fees....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 58 A.L.R. 3d 183
...county in which the woman resides or of the county in which the alleged father resides," and provides for process to be directed to "the defendant," requiring "the defendant to file his written defenses to the complaint." Provision is then made, in § 742.031, for hearing and determination of the issue as to paternity....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1990 WL 205440
...Etheredge, Fort Walton Beach, for appellant. William Henry Hunter, III, Destin, for appellee. PER CURIAM. Herrero appeals an order establishing Pearce as the father of her daughter but denying her request for pre-judgment interest and attorney's fees. Appellant contends that section 742.031, Florida Statutes (1987), mandates that a father must pay a prevailing plaintiff's attorney's fees and that, because her claim for back child support can be easily calculated, she is entitled to pre-judgment interest. We agree and reverse. The prevailing complainant in a paternity action is entitled to attorney's fees under section 742.031, Florida Statutes (1987)....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal
...69-679) is that the fee order which was the subject of appeal No. 69-1044 also should be reversed. This is so because in a proceeding brought under Chapter 742 Fla. Stat., F.S.A., the authority to order the defendant to pay plaintiff's attorney fees, as provided for in § 742.031, is made to depend on the plaintiff's prosecution of her cause to a successful termination....
CopyCited 7 times | Published | Florida 4th District Court of Appeal
...*578 ON MOTION FOR REHEARING AND FOR CERTIFICATION PER CURIAM. We grant rehearing only as to our grant of appellee's motion for attorney's fees on appeal. In that regard, we vacate our prior order and remand to the trial court for a determination under section 742.031, Florida Statutes (1991), both as to entitlement and if appropriate as to the amount of any fees to be awarded. We expressly disclaim making any decision ourselves as to the mother's entitlement to attorney's fees for these appellate proceedings because of the absence of an evidentiary record on which to base an award of fees under section 742.031....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1992 WL 119845
...ot determine whether the statutory child support guidelines were properly applied. See also Lewis v. Lewis,
569 So.2d 1342 (Fla. 1st DCA 1990), rev. denied,
581 So.2d 165 (Fla. 1991). The appellant also argues that the trial court failed to abide by section
742.031 because the court did not consider what was "equitable" under the circumstances of this case....
...ived. He argues that it is inequitable under the circumstances to require the appellant to postpone his plans to attend dental school when he was trapped into fatherhood, especially when the appellee herself is able to financially support the child. Section 742.031, Florida Statutes (1989), relied on by appellant to support his argument, states that [t]he court shall order either or both parents owing a duty of support to the child to pay support as from the circumstances of the parties is equitable. We read section 742.031 to mean that the court should consider the presently existing circumstances surrounding the ability of both parents to provide support....
CopyCited 7 times | Published | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 105, 1998 Fla. LEXIS 475, 1998 WL 166533
...NOTICE OF SOCIAL SECURITY NUMBER I, { full legal name } _____________________________________________________, certify that may social security number is ________________________________________ as required in section
61.052(7), sections
61.13(9) or (10), section
742.031(3), sections
742.032(1)-(3), and/or sections
742.10(1)-(2), Florida Statutes....
...r the child(ren) listed below because this (these) child(ren) was (were) born in the State of Florida and no prior court action involving the minor child(ren) has addressed a putative father's rights to custody or other parental rights. See sections
742.031 and
744.301, Florida Statutes....
...en) listed in paragraph 2 above. 2. Parental Responsibility for the Minor Child(ren). [√ one only] ___ a. Not adjudicated. Since no request for relief was made in this action, parental responsibility of the minor child(ren) is governed by sections
742.031 and
744.301, Florida Statutes....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1999 WL 111155
...." Obviously section
742.045 is not a prevailing party statute, but rather is based on need and ability to pay. Thus, the provision for fees in section
742.045 cannot be bootstrapped into supporting an award of temporary appellate fees. Neither does section
742.031 provide a substantive basis for the award of temporary fees to Linn because it grants fees only to the prevailing complainant in a paternity suit....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1999 WL 415191
...ng civil court proceedings is on the party seeking closure. But the court also stated that: " While Florida, as a matter of public policy, has expressly made certain civil proceedings confidential (adoptions, §
63.162, Fla. Stat. (1987); paternity, §
742.031, Fla....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1990 WL 78550
...the name of any of the parties to any court proceeding ... under this [Determination of Paternity] act... ." Although Mason has argued that this section is authority for the gag order, it is textually inapplicable to Reiter. [3] Mason also relies on section 742.031, Florida Statutes (1989), which authorizes the trial court to conduct certain paternity hearings in chambers, but that statute does not address the issue of a gag order....
CopyCited 6 times | Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 349, 1992 Fla. LEXIS 1032, 1992 WL 125120
...Kelso, Fowler, White, Burnett, Hurley, Banick & Strickroot, P.A., Miami, for respondent. HARDING, Justice. We have for review P.A.G. v. A.F.,
564 So.2d 266, 267 (Fla. 4th DCA 1990), in which the Fourth District Court of Appeal certified the following question to be of great public importance: WHETHER SECTION
742.031 OF THE FLORIDA STATUTES, PROVIDING FOR AN AWARD OF ATTORNEY'S FEES IN AN ORIGINAL PATERNITY ACTION, CAN BE CONSTRUED AS ALSO SUPPORTING AN AWARD OF FEES IN A POSTJUDGMENT PROCEEDING FOR MODIFICATION OF CHILD SUPPORT IN A PATERNITY ACTION....
...In the instant case where the settlement agreement did not resolve the issue of attorney's fees, the propriety of the award "revolves around the existence, or not, of any pertinent statutory authority." P.A.G.,
564 So.2d at 267. The court below held that section
742.031 specifically provides for attorney's fees and costs only in the original proceeding to determine paternity and not in the modification of a paternity judgment....
...ection
61.16, Florida Statutes (1989), as this postjudgment proceeding constituted a proceeding for modification of an order of *1261 child support brought pursuant to section
61.14(1). Id. (Gunther, J., dissenting). Based upon the plain language of section
742.031, we agree that the statute only authorizes attorney's fees for the determination of paternity proceeding and does not address the award of fees for subsequent proceedings....
...rders. The jurisdiction to modify paternity orders derives from section
742.06, Florida Statutes (1989). Therefore, if it exists, the authority to award attorney's fees in connection with the modification of paternity orders lies within chapter 742. Section
742.031, Florida Statutes (1989), provides for the award of attorney's fees when an order of paternity is entered....
...y's fees in the absence of a specific authorization. Rivera v. Deauville Hotel, Employers Serv. Corp.,
277 So.2d 265 (Fla. 1973); Stump v. Foresi,
486 So.2d 62 (Fla. 4th DCA 1986). I am unable to read section
742.06 as incorporating the authority of section
742.031 to award attorney's fees....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 1506, 2009 WL 454496
...motional distress against Jennifer Walker, the biological mother of his child. The father argues that the trial court incorrectly applied the common law principle that an unwed father has no equitable interest in his own child rather than abiding by § 742.031(2), Florida Statutes....
...ssing Cause for Lack of Standing. The trial court stated, "[t]he Plaintiff herein lacks standing to bring this suit because he is not the custodial parent. Florida law deems the biological mother as custodial parent of a child born out of wedlock. §§
742.031;
744.301 Fla....
...s particular statute, because the father had formally acknowledged his paternity and acted as a father to Tyler in both an economic and emotional sense. However, the trial judge was correct in finding a lack of standing pursuant to a second statute. Section 742.031(2), Florida Statutes (2007), states: If a judgment of paternity contains no explicit award of custody, the establishment of a support obligation or of visitation rights in one parent shall be considered a judgment granting primary residential care and custody to the other parent without prejudice. If a paternity judgment contains no such provisions, custody shall be presumed to be with the mother. § 742.031(2), Fla. Stat. In this case, the father had been temporarily granted visitation by a Massachusetts court, so the mother was the parent with primary residential care and custody pursuant to the first sentence of section 742.031(2)....
...had no standing because he did not have custody of Tyler. Moreover, his parental rights were inferior to the mother's. Thus, the trial judge properly found that the father did not have standing to bring this cause of action against the mother under § 742.031(2), Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...since the child is not a resident of Florida, this statute is inapplicable. It should be noted from the start that if the chancellor, or a jury, should determine that the appellant is the father of the child, the court may direct, in accordance with § 742.031, Fla....
...If the chancellor shall subsequently determine that the appellant is the father of this child and that this child is residing *737 in the Dominican Republic and is being supported there by his father, then his decree may be directed solely to the payment of the expenses authorized by § 742.031, Fla....
CopyCited 5 times | Published | Supreme Court of Florida | 18 Fla. L. Weekly Supp. 265, 1993 Fla. LEXIS 711, 1993 WL 132258
...Branch of Boyd & Branch, Chriss Walker, Tallahassee, amicus curiae for Dept. of Health and Rehabilitative Services. OVERTON, Justice. This is an appeal from the decision in B.J.Y. v. M.A.,
594 So.2d 816 (Fla. 1st DCA 1992), in which the district court declared section
742.031, Florida Statutes (1991), to be unconstitutional to the extent that it eliminates a putative father's right to a jury trial in paternity proceedings. The district court also certified to this Court the following question as one of great public importance: WHETHER SECTION
742.031, FLORIDA STATUTES, VIOLATES ARTICLE I, SECTION 22, OF THE FLORIDA CONSTITUTION BY PRECLUDING A JURY TRIAL ON THE ISSUE OF PATERNITY[.] Id....
...We approve the district court's decision and answer the question in the affirmative. The relevant facts reflect that B.J.Y. filed a complaint against M.A. seeking a determination of the paternity of her child and an award of child support, in accordance with section 742.031, Florida Statutes (1991). M.A. filed an answer in which he denied being the father of the minor child and requested a jury trial. The trial judge granted M.A.'s request for a jury trial, finding section 742.031 to be unconstitutional on the grounds that it denied M.A....
...ence of the defendant within the state. In addition, the statute provided that the issue of paternity was to be determined by the court except that, "[u]pon request of either party, the issue of the paternity of such child [could] be tried by jury." § 742.031, Fla....
...1977), reached the same conclusion. [2] Accordingly, we approve the district court's finding that article I, section 22, of the Florida Constitution preserves the right to a jury trial in paternity proceedings, and we declare unconstitutional the portion of section 742.031, Florida Statutes, that requires paternity proceedings to be tried only by the judge....
CopyCited 4 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 13, 2000 Fla. LEXIS 2272, 2000 WL 1352932
...FORM 12.902(3)- NOTICE OF SOCIAL SECURITY NUMBER IN THE CIRCUIT COURT OF THE_JUDICIAL CIRCUIT, IN AND FOR_COUNTY, FLORIDA [[Image here]] NOTICE OF SOCIAL SECURITY NUMBER I, {full legal name}_, certify that my social security number is-, as required in section
61.052(7), sections
61.13(9) or (10), section
742.031(3), sections
742.032(l)-(3), and/or sections
742.10(l)-(2), Florida Statutes....
...r the child(ren) listed below because this (these) child(ren) was (were) bom in the State of Florida and no prior court action involving the minor children) has addressed a putative father’s rights to custody or other parental rights. See sections
742.031 and
744.301, Florida Statutes....
...(ren) listed in paragraph 2 above. 2. Parental Responsibility for the Minor Child(ren). [/ one only] — a. Not adjudicated. Since no request for relief was made in this action, parental responsibility of the minor child(ren) is governed by sections
742.031 and
744.301, Florida Statutes....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2012 WL 5233621, 2012 Fla. App. LEXIS 18374
...ial harm to children.” Wattenbarger v. Wattenbarger,
767 So.2d 1172, 1173 (Fla.2000) (quoting Boot v. Sapp,
714 So.2d 579, 580 (Fla. 4th DCA 1998)). In a paternity action, the court orders child support pursuant to the guidelines in section
61.30. §
742.031(1), Fla....
CopyCited 4 times | Published | Supreme Court of Florida | 2001 WL 169664
...ment of a guardian ad litem (section 29.827, Florida Statutes (1999)), are also required to be closed proceedings. [5] There are other situations where the court is given discretion to close the proceedings, such as in the case of paternity actions (section 742.031, Florida Statutes (1999))....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1991 WL 17924
...Cisneros,
446 So.2d 727 (Fla. 2nd DCA 1984) were paternity actions brought under Chapter 742, Florida Statutes. Those cases were decided in favor of the department merely because the statute addressing attorney's fees and costs in paternity actions, Section
742.031, Florida Statutes, made no provision for the award of attorney's fees to a defendant in a paternity action....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1999 WL 1243870
...It is no accident that section
742.011 provides that " any child, " among others, "may bring proceedings in the circuit court, in chancery, to determine the paternity of the child when paternity has not been established by law or otherwise." [e.s.] Section
742.031(1) adds that "[t]he court shall order either or both parents owing a duty of support to the child to pay support pursuant to s....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...Reilly, the mother, who lives in Pennsylvania, filed a paternity action against Benardo, who resides in Florida. On March 28, 1995, DOR filed the results in this case showing a probability of paternity of 99.96%. Benardo disputed the results. Pursuant to section
742.031, Florida Statutes, which provides that "[t]he court shall issue, upon motion by a party, a temporary order requiring the provision of child support pursuant to section
61.30 pending an administrative or judicial determination of paren...
...On September 6, 2000, the hearing officer entered her recommended order on DOR's motion for temporary child support. The hearing officer recommended the trial court enter an order that the only issue addressed in the hearing was temporary support pursuant to section 742.031, Florida Statutes, and that Benardo should begin paying child support in the amount of $588.00 per month....
...rt. See Dutilly,
450 So.2d at 1197. Consequently, the DNA results have been properly admitted. Next, however, we are faced with the issue of whether it is proper to allow the hearing officer to hear the temporary hearing on child support pursuant to section
742.031, Florida Statutes, in a disputed paternity action, where the disputed paternity test are properly before the trial court. DOR maintains that Chapter 742 contemplates two separate proceedings in a contested paternity action once a motion for temporary support is filed. DOR argues that, "[a]s a matter of law, on a motion for temporary child support pursuant to section
742.031(1), when a verified blood test provides clear and convincing evidence of paternity pursuant to section
742.031(1), section
742.12(4), and section
742.12(6), the court is simply awarding the mandatory temporary child support." We disagree....
...12.491(e)(3). Second, chapter 742, Florida Statutes (1997), is the exclusive remedy for establishing paternity, P.N.V. v. Washington,
654 So.2d 1274 (Fla. 2d DCA 1995), and provides that any determination of paternity also involves a determination of custody. Section
742.031, Florida Statutes (1997), governs hearings in paternity proceedings....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1990 Fla. App. LEXIS 3880, 1990 WL 70619
...s subject to its provisions." We distinguish Stump v. Foresi,
486 So.2d 62 (Fla. 4th DCA 1986), where the natural mother only defended against the natural father's action for declaration of parental rights and duties. Also, we note that since Stump, section
742.031, Florida Statutes (Supp....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1995 WL 293680
...Ryan was ordered to pay $65.00 per week as child support, together with one half of any and all medical, dental, or optometric expenses not covered by insurance. This child support was made retroactive to the date of the hearing (December 16, 1993). § 742.031, Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...r. While we can appreciate the trial court's desire to relieve Cisneros of the cost of his defense, we find no statutory basis for an award of attorney's fees under the facts presented. As the department correctly asserts, neither section
57.105 nor section
742.031, Florida Statutes (1981), supports the trial court's award....
...fees under section
57.105, Whitten v. Progressive Casualty Insurance Co.,
410 So.2d 501, 505 (Fla. 1982) (quoting Allen v. Estate of Dutton,
384 So.2d 171, 175 (Fla. 5th DCA 1980)), nor was Cisneros a party entitled to receive attorney's fees under section
742.031....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...The appellant contends that because he has been voluntarily supporting the child the equities were with him. However, this gives him no standing because such a voluntary undertaking to support the child was no more than compliance with his legal responsibilities. See: § 742.031 Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1990 WL 2092
...Section
59.041, Florida Statutes (1987). As to the amount of child support and security thereof, the appellant has failed to demonstrate abuse of discretion in the trial court's rulings and therefore they will not be disturbed. Section
742.08, Florida Statutes (1985). Section
742.031, Florida Statutes (1985); Kuvin v....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2005 WL 40897
...l 23, 1999. As a part of that proceeding, Appellee was ordered to pay child support to Appellant; the order did not address the primary place of residence of the child, and Appellee did not request primary place of residence, as was his option under section 742.031(1)....
...Subsequently, both parties moved for primary place of residence of the child, and a final hearing was held on the parties' contentions. At the final hearing, Appellant advised the court that she claimed the child's primary place of residence under section 742.031(2) and because she was the "de facto" primary residential custodian under the rationale of Gibbs v....
...He failed to do so, and this established the primary place of residence with Appellant, without a geographical radius restriction on the child's residence. By applying the best interest standard and geographically restricting Appellant's primary place of residence, the trial court *1204 overlooked the effect of section 742.031(1) and should be reversed, just as it should be under the "de facto" primary place of residence principle....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1992 Fla. App. LEXIS 1353, 1992 WL 25807
...Gen., Tallahassee, for petitioner. Alan Michael Foody of Noe, Eakin & Foody, Atlantic Beach, for respondent. *817 ALLEN, Judge. The petitioner seeks a writ of certiorari, challenging an order by which the lower court granted the respondent's request for a jury trial and declared section 742.031, Florida Statutes, to be unconstitutional insofar as the statute precludes a jury trial on the issue of paternity....
...The petitioner filed a complaint seeking a determination of paternity and an award of child support, alleging that the respondent is the father of a minor child conceived and born to the petitioner out of wedlock. The respondent denied that he is the father of the child and requested a jury trial on the issue of paternity. Section 742.031 specifies that the issue of paternity shall be determined by the court, but the respondent asserted that this provision abridges the right to a jury trial as guaranteed by article I, section 22, of the Florida Constitution....
...At that time the legislature repealed the former law and enacted several new statutes under chapter 742. These new provisions still authorized a complaint upon which a determination of paternity might be made in the circuit court, with the father required to pay birth expenses and child support. However, section 742.031, Florida Statutes (1951), specified that the court shall determine the issue of paternity, except that upon the request of either party the issue "may be tried by jury." This language relating to trial by jury was deleted when the legislature amended the statute in 1986, and section 742.031 now provides that the court shall determine the issue of paternity....
...a proceeding of like nature, as that which the petitioner brought under chapter 742. We therefore agree with the lower court's conclusion that article I, section 22 of the Florida Constitution preserves the right to a jury trial in proceedings under section 742.031, Florida Statutes....
...In approving the lower court's ruling we align ourselves with the Minnesota Supreme Court, which addressed a strikingly similar challenge in Smith v. Bailen, 258 N.W.2d 118 (Minn. 1977), under the constitution of that state. And we certify to our supreme court the following question of great public importance: WHETHER SECTION 742.031, FLORIDA STATUTES, VIOLATES ARTICLE I, SECTION 22, OF THE FLORIDA CONSTITUTION BY PRECLUDING A JURY TRIAL ON THE ISSUE OF PATERNITY? Because we find that the petitioner has failed to demonstrate any error or departure from the essenti...
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1998 WL 852499
...Starkey objected to Linn's request for fees because Linn had never filed a motion for attorney's fees. Starkey's attorney stated he had objected to Linn seeking fees "at every proceeding." He pointed out that in Linn's answer and affirmative defenses, she had sought fees under sections
742.031 or
61.16, [1] but had never filed a motion seeking fees. Linn maintained she was entitled to fees because her answer and counterpetition sought fees. The trial court asked Linn whether she was requesting fees under section
742.031 or section
742.045....
...retrial compliance statement, and the agreement of counsel that fees would be determined at a subsequent hearing were sufficient to place Starkey on notice that Linn was seeking fees. [2] It then granted Linn's fee request, writing: Florida Statutes 742.031 allows the Court to order attorney's fees and all costs of proceedings if appropriate....
...The court has previously made findings as contained in the Amended Final Judgment entered April 9, 1997, as to Petitioner's ability to pay. The court gave Starkey just over one month to pay the $33,310.47 it found due, prompting the instant appeal. Two sections of the paternity chapter authorize the award of attorney's fees. Section 742.031, relied upon by the trial court, provides in pertinent part: If appropriate, the court shall order the father to pay the complainant, her guardian, or any other person assuming responsibility for the child moneys sufficient to pay rea...
...or attorney's fees, suit money, and *336 the cost to the other party of maintaining or defending any proceeding under this chapter, including enforcement and modification proceedings. Starkey argues first that because Linn did not request fees under section 742.031 at the fees hearing and because she failed to file a motion for fees, it was error to award Linn section 742.031 fees. Starkey contends that the reference in Linn's answer to section 742.031 was insufficient; Linn was required to also file a motion for fees....
...89911,
1998 WL 558989 (Fla. Sept.4, 1998). Although Linn preserved her claim for fees by including it in her answer, the statute under which Linn pled (although abandoned at the fees hearing), and under which the court awarded fees, does not support an award of fees to her. Section
742.031 permits an award of fees to the prevailing complainant in a paternity action. Brown (section
742.031 must be construed to allow fees to a father who successfully brings paternity suit); Cain v....
...on of his paternity and was successful, it was error for the trial court to award attorney's fees and costs to the child's mother. Linn did not prevail on the paternity issue; Starkey did. Accordingly, Linn should not have received a fee award under section 742.031. This conclusion raises the issue of whether the court erred in refusing to grant Starkey's attorney's fees motion under section 742.031. Starkey sought fees relative only to establishing his paternity. Section 742.031 provides that "if appropriate," the court shall award fees in a paternity proceeding....
...o consider the relative financial resources of the parties. Just as a court would do in a dissolution case, a court must determine whether the parties in a paternity action have similar ability to secure competent counsel where fees are sought under section 742.031....
...Boyd,
669 So.2d 1136 (Fla. 4th DCA 1996) (oral claim for fees made at deposition one day before trial violates Stockman). The trial court may well have recognized the invalidity of Linn's belated attempt to assert section
742.045, thus explaining its reliance on section
742.031....
...5th DCA 1993), "In order to be entitled to attorney's fees, a party seeking them must plead the correct entitlement." Id. at 1079 (citing Stockman). Linn did not timely claim fees under section
742.045 nor did the trial court award fees under that section. Starkey was on notice only that Linn was claiming fees under section
742.031, which section does not support a fees award to Linn under the facts of this case. In summary, the trial court did not abuse its discretion in denying Starkey's motion for fees. However, it was error to award Linn her attorney's fees and costs under section
742.031 as she was not the prevailing party in the paternity suit....
...SHARP, Judge, concurring in part, dissenting in part. I agree that the court below did not abuse its discretion in denying Craig Starkey's motion for attorney's fees. However, I would affirm the award of attorney's fees to Lori Linn. Linn initially requested attorney's fees pursuant to section
742.031. She later requested attorney's fees at the fees hearing pursuant to section
742.045. Both sections are in the chapter on paternity. The trial court awarded fees pursuant to section
742.031. The award should be upheld because Starkey clearly had ample pretrial notice that Linn was seeking attorney's fees in this action, and the effect of her initial reliance on section
742.031, rather than section
742.045, is de minimus....
...Here, Starkey had notice of Linn's claim for attorney's fees in her answer and affirmative defenses, which requested that Starkey "pay all attorney's fees, court costs and any other fees paid by respondent in the bringing of this action, pursuant to section
742.031 and
61.16, Florida Statutes (1993)." At the fee hearing, Linn requested fees pursuant to section
742.045. *338 Both section
742.031 and
742.045 are in chapter 742, "Determination of Parentage." Section
742.031 authorizes attorney's fees only for determination of paternity and does not address the award of fees for subsequent proceedings....
...ney's fees in any proceeding under chapter 742. P.A.G.,
602 So.2d at 1261, n. 1. It seems unlikely that Starkey would have done anything differently in these proceedings had he known Linn intended to seek fees pursuant to section
742.045 rather that section
742.031....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 22 Fla. L. Weekly Fed. D 2040
...While the paternity statute itself does not discuss or include the determination of custody or shared parental responsibility issues within its terms, in Brown v. Bray,
300 So.2d 668, 669-70 (Fla. 1974), the supreme court construed the language of section
742.031 and section
742.06....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 11 Fla. L. Weekly 820
...do so absent an applicable statute or rule, or agreement between the parties. Here, neither specific statute nominated as authority applies. Section
61.16, Florida Statutes (1983), is inapplicable because this was not a marriage dissolution matter. Section
742.031, Florida Statutes (1983), does not apply because respondent/appellee was not a prevailing complainant in a paternity case....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 1041
...v. N.B . It is true that the determination of paternity is made only incidentally to enable achievement of the statute's purposes, Kendrick, but such a determination must be made before a court may proceed to determination of the support obligation. § 742.031, Fla....
CopyCited 2 times | Published | District Court of Appeal of Florida | 1961 Fla. App. LEXIS 2851
...l court committed error in granting defendant’s motion for summary judgment. The order in' question is accordingly reversed and the cause remanded for further proceedings. Reversed. STURGIS, J., and TAYLOR, HUGH M., Associate Judge, concur. . F.S. § 742.031, F.S.A....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...ess fees, travel expenses, and costs incident to birth in a contested paternity suit brought pursuant to Chapter 742, Florida Statutes (1975). The awards, including costs incident to birth awarded to the State of Tennessee, are within the purview of section 742.031: Same; hearings; court orders, support, hospital expenses, etc....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...She argues that the trial court erred by calculating child support without factoring in her child care expenses. We agree and reverse. Child support in paternity actions is determined according to the guidelines in chapter 61, Florida Statutes. See § 742.031(1), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1992 WL 72010
...the opportunity to make further inquiry. See Jones v. Roberts,
559 So.2d 429 (Fla. 4th DCA 1990); Lazow v. Lazow,
147 So.2d 12 (Fla. 3d DCA 1962). Mr. Dykes's remaining issue concerns the trial court's refusal to award him attorney fees pursuant to section
742.031, Florida Statutes (1989). Since Dykes initiated the petition to determine paternity, he reasons that he is the "prevailing party" in this action as contemplated by the statute. [2] A literal reading of section
742.031 supports the trial court, in that it authorizes the imposition of fees against the father only....
...illegitimate offspring."
390 So.2d at 61. The legislature thereafter amended the statute to allow paternity actions to be initiated by either parent or by the child. Notwithstanding this broadening of access, however, the legislature failed to amend section
742.031 in similar fashion....
...gh the mechanical application of traditional, often inaccurate, assumptions about the proper roles of men and women." Mississippi University for Women v. Hogan,
458 U.S. 718, 726,
102 S.Ct. 3331, 3337,
73 L.Ed.2d 1090, 1099 (1982). Without question, section
742.031 does advance an important objective....
...The mere fact a father may lack sufficient resources to hire an attorney does not disqualify him as a fit party to bring legal action on behalf of his putative offspring. This unwarranted gender-based distinction does not, however, require us to invalidate section 742.031 on equal protection grounds....
...2d DCA 1988) (emphasis in original). Rather than declare the statute unconstitutional, we believe the public interest is better served by construing it as applicable regardless of gender. Accordingly, we hold that a father may apply for attorneys' fees under section 742.031, and direct the trial court after remand to address the merits of Mr....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2013 WL 6097226, 2013 Fla. App. LEXIS 18409
...Hernandez is not left without a meaningful remedy to her inability to transport her children to school or herself to different locations as a home healthcare nurse so that she may support her children. Upon a proper motion, the trial court may award temporary child support to Ms. Hernandez 3 under section 742.031(1) of the Florida Statutes, which provides, in part: “The court shall issue, upon motion by a party, a temporary order requiring child support pursuant to s....
...y, and to add two additional defendants that are unrelated to the paternity of the two minor children. In a paternity action, “[t]he court shall determine the issues of paternity of the child and the ability of the parents to support the child.” § 742.031(1), Fla....
CopyCited 1 times | Published | Supreme Court of Florida
HARDING, Justice. We have for review P.A.G. v. A.F.,
564 So.2d 266, 267 (Fla. 4th DCA1990), in which the Fourth District Court of Appeal certified the following question to be of great public importance: WHETHER SECTION
742.031 OF THE FLORIDA STATUTES, PROVIDING FOR AN AWARD OF ATTORNEY’S FEES IN AN ORIGINAL PATERNITY ACTION, CAN BE CONSTRUED AS ALSO SUPPORTING AN AWARD OF FEES IN A POSTJUDGMENT PROCEEDING FOR MODIFICATION OF CHILD SUPPORT IN A PATERNITY ACTION....
...In the instant case where the settlement agreement did not resolve the issue of attorney’s fees, the propriety of the award “revolves around the existence, or not, of any pertinent statutory authority.” P.A.G.,
564 So.2d at 267 . The court below held that section
742.031 specifically provides for attorney’s fees and costs only in the original proceeding to determine paternity and not in the modification of a paternity judgment....
...ection
61.16, Florida Statutes (1989), as this postjudgment proceeding constituted a proceeding for modification of an order of *1261 child support brought pursuant to section
61.14(1). Id. (Gunther, J., dissenting). Based upon the plain language of section
742.031, we agree that the statute only authorizes attorney’s fees for the determination of paternity proceeding and does not address the award of fees for subsequent proceedings....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 650
...We need discuss only one. Appellants argue that the trial court erred in awarding attorney's fees in favor of appellee because there were justiciable issues of law and fact raised. We agree. A putative father is not a party entitled to receive attorney's fees under section 742.031, Florida Statutes (1985)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2012 WL 470226, 2012 Fla. App. LEXIS 2264
...She argues that the trial court erred by calculating child support without factoring in her child care expenses. We agree and reverse. Child support in paternity actions is determined according to the guidelines in chapter 61, Florida Statutes. See § 742.031(1), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 29 Fla. L. Weekly Fed. D 1915
...n
61.30(3)(g), Florida Statutes (2003), as payments for support for a "previous marriage." [1] We disagree. Chapter 742, involving paternity determination, directs the trial court to establish child support obligations pursuant to section
61.30. See §
742.031(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1981 Fla. App. LEXIS 21055
13, Florida Statutes (1979). We find that Section
742.031, Florida Statutes (1979), read in pari materia
CopyPublished | Florida 4th District Court of Appeal | 1990 Fla. App. LEXIS 6741, 1990 WL 127987
...paternity. The appellant then sought an award of attorney’s fees from the appellee. The trial judge denied her request. *580 We agree with the Fourth District’s opinion in P.A.G. v. A.F.,
564 So.2d 266 (Fla. 4th DCA July 25, 1990). We hold that section
742.031, Florida Statutes (1989), does not provide for an award of attorney’s fees in a postjudgment proceeding for modification of child support in a paternity action. We point out that there was no challenge to the constitutionality of section
742.031 either in the trial court or in this court. Therefore, we do not address that aspect of the statute. We certify to the Supreme Court of Florida as a matter of great public importance the same question certified by the Fourth District in P.A.G.: WHETHER SECTION
742.031 OF THE FLORIDA STATUTES, PROVIDING FOR AN AWARD OF ATTORNEY’S FEES IN AN ORIGINAL PATERNITY ACTION, CAN BE CONSTRUED AS ALSO SUPPORTING AN AWARD OF FEES IN A POSTJUDGMENT PROCEEDING FOR MODIFICATION OF CHILD SUPPORT IN A PATERNITY A...
CopyPublished | Florida 3rd District Court of Appeal
...housing with the child, her fiancé,
and her newborn infant. “Absent permission to move with the child, [the
3
It is unclear upon this limited record whether the mother is receiving child
support pending a determination as to paternity. See § 742.031(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1998 Fla. App. LEXIS 12910, 1998 WL 716673
...eks to relocate from Leon County. Accordingly, the cause is REVERSED and REMANDED for further proceedings consistent with this opinion. BOOTH and VAN NORTWICK, JJ., and CARITHERS, HUGH A., Jr., Associate Judge, concur. . The 1997 legislature amended section 742.031, Florida Statutes, by adding subsection (2), which provides in pertinent part: If a judgment of paternity contains no explicit award of custody, the establishment of a support obligation or of visitation rights in one parent shall be...
CopyPublished | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 14988, 2004 WL 2290910
...(2003) (observing that in determining a retroactive award the court shall consider “[a]ll actual payments made by the noncustodial parent to the custodial parent or the child or third parties for the benefit of the child throughout the proposed retroactive period”); § 742.031, Fla....
CopyPublished | District Court of Appeal of Florida
The *382matter does not involve as permitted by §
742.031, Florida Statutes 19SS, F.S.A., any claim for
CopyPublished | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 6200, 2002 WL 920471
...Reilly, the mother, who fives in Pennsylvania, filed a paternity action against Be-nardo, who resides in Florida. On March 28, 1995, DOR filed the results in this case showing a probability of paternity of 99.96%. Benardo disputed the results. Pursuant to section
742.031, Florida Statutes, which provides that “[t]he court shall issue, upon motion by a party, a temporary order requiring the provision of child support pursuant to section
61.30 pending an administrative or judicial determination of par...
...On September 6, 2000, the hearing officer entered her recommended order on DOR’s motion for temporary child support. The hearing officer recommended the trial court enter an order that the only issue addressed in the hearing was temporary support pursuant to section 742.031, Florida Statutes, and that Benardo should begin paying child support in the amount of $588.00 per month....
...t. See Dutilly,
450 So.2d at 1197 . Consequently, the DNA results have been properly admitted. Next, however, we are faced with the issue of whether it is proper to allow the hearing officer to hear the temporary hearing on child support pursuant to section
742.031, Florida Statutes, in a disputed paternity action, where the disputed paternity test are properly before the trial court. DOR maintains that Chapter 742 contemplates two separate proceedings in a contested paternity action once a motion for temporary support is filed. DOR argues that, “[a]s a matter of law, on a motion for temporary child support pursuant to section
742.031(1), when a verified blood test provides clear and convincing evidence of paternity pursuant to section
742.031(1), section
742.12(4), and section
742.12(6), the court is simply awarding the mandatory temporary child support.” We disagree....
...12.491(e)(3). Second, chapter 742, Florida Statutes (1997), is the exclusive remedy for establishing paternity, P.N.V. v. Washington,
654 So.2d 1274 (Fla. 2d DCA 1995), and provides that any determination of paternity also involves a determination of custody. Section
742.031, Florida Statutes (1997), governs hearings in paternity proceedings....
CopyPublished | Florida 4th District Court of Appeal | 1991 Fla. App. LEXIS 4164, 1991 WL 72011
...Lambert,
568 So.2d 117 (Fla. 5th DCA 1990), which held that child support can be awarded only from the date a paternity action is filed. Finally, we affirm the trial court’s order that the appellant secure health insurance for the child. We do not read section
742.031, Florida Statutes (1989), as prohibiting a trial judge from awarding any natural child health insurance benefits flowing from its natural parent....
CopyPublished | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 6955, 2001 WL 527643
...Rather than resorting to the state agencies to resolve the issues, they could be better addressed through an action pursuant to Chapter 742. While there is no question of parentage in this case, that statute permits a judge to order visitation rights and support. See § 742.031(1), Fla....
CopyPublished | Florida 2nd District Court of Appeal
It is true that both section
742.045 and section
742.031 authorize an award of attorney’s fees in paternity
CopyPublished | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 3090, 2011 WL 801969
...Boggs,
743 So.2d 123 (Fla. 4th DCA 1999). Both of those cases hold that attorney's fees cannot be awarded on appeal in a paternity action because section
742.045, Florida Statutes (2008), does not expressly authorize fees on appeal. It is true that both section
742.045 and section
742.031 authorize an award of attorney's fees in paternity actions but make no reference to fees for an appeal....
...Statutes that do not provide rights and remedies to illegitimate children and their parents that are comparable to the rights and remedies given to legitimate children and their parents can violate Equal Protection. See Brown v. Dykes,
601 So.2d 568, 570 (Fla. 2d DCA 1992) (holding section
742.031 unconstitutional to the extent that it prohibited attorney's fees to a father in a paternity action)....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 359, 1992 Fla. LEXIS 1026, 1992 WL 125118
PER CURIAM. We have for review Mortenson v. Johnson,
566 So.2d 579 (Fla. 2d DCA 1990), in which the Second District Court of Appeal certified the following question to be of great public importance: WHETHER SECTION
742.031 OF THE FLORIDA STATUTES, PROVIDING FOR AN AWARD OF ATTORNEY’S FEES IN AN ORIGINAL PATERNITY ACTION, CAN BE CONSTRUED AS ALSO SUPPORTING AN AWARD OF FEES IN A POSTJUDGMENT PROCEEDING FOR MODIFICATION OF CHILD SUPPORT IN A PATERNITY ACTION? Id....
CopyPublished | Florida 4th District Court of Appeal
...emancipation, including the twenty-four months before the petition was
filed.
1 We recognize by statute the trial court was to determine the parties’ ability to
support the child and order either or both parents owing a duty of support to the
child to pay support. See § 742.031(1), Fla....
CopyPublished | Supreme Court of Florida | 24 Fla. L. Weekly Supp. 321, 1999 Fla. LEXIS 1174, 1999 WL 462636
...he bottom of the last page of every form he or she helps you complete. [[Image here]] NOTICE OF SOCIAL SECURITY NUMBER I, {full legal name} _, certify that my social security number is _ , as required in section
61.052(7), sections
61.13(9) or (10), section
742.031(3), sections
742.032(1)B(3), and/or sections
742.10(1)B(2), Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 70, 1995 WL 2944
...Charles Player requested a jury trial in response to a complaint to establish paternity filed by the Florida Department of Health and Rehabilitative Services (HRS) on behalf of Jestine Dukes. HRS’s motion to strike the request was granted by the trial court on the authority of section 742.031, Florida Statutes, which requires the issue to be determined by a trial judge....
...The non-jury trial concluded with a final judgment establishing paternity, and Player appeals the denial of his demand for trial by jury. We reverse. The final judgment preceded by one month the decision in B.J.Y. v. M.A.,
617 So.2d 1061 (Fla.1993), in which the Supreme Court declared unconstitutional that portion of section
742.031 which requires the issue of paternity to be determined by a judge....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 1793, 1992 WL 35364
...friends. Whether the court will require an HLA test is up to the trial court. In any event, Michael must be determined to be the father of this child to the satisfaction of the court. . §
742.011, Fla.Stat. (1989). . §
742.021, Fla.Stat. (1989). . §
742.031, Fla.Stat....
CopyPublished | District Court of Appeal of Florida
ALLEN, Judge. The petitioner seeks a writ of certio-rari, challenging an order by which the lower court granted the respondent’s request for a jury trial and declared section 742.031, Florida Statutes, to be unconstitutional insofar as the statute precludes a jury trial on the issue of paternity....
...The petitioner filed a complaint seeking a determination of paternity and an award of child support, alleging that the respondent is the father of a minor child conceived and born to the petitioner out of wedlock. The respondent denied that he is the father of the child and requested a jury trial on the issue of paternity. Section 742.031 specifies that the issue of paternity shall be determined by the court, but the respondent asserted that this provision abridges the right to a jury trial as guaranteed by article I, section 22, of the Florida Constitution....
...At that time the legislature repealed the former law and enacted several new statutes under chapter 742. These new provisions still authorized a complaint upon which a determination of paternity might be made in the circuit court, with the father required to pay birth expenses and child support. However, section 742.031, Florida Statutes (1951), specified that the court shall determine the issue of paternity, except that upon the request of either party the issue “may be tried by jury.” This language relating to trial by jury was deleted when the legislature amended the statute in 1986, and section 742.031 now provides that the court shall determine the issue of paternity....
...proceeding of like nature, as that which the petitioner brought under chapter 742. We therefore agree with the lower court’s conclusion that article I, section 22 of the Florida Constitution preserves the right to a jury trial in proceedings under section 742.031, Florida Statutes....
...In approving the lower court’s ruling we align ourselves with the Minnesota Supreme Court, which addressed a strikingly similar challenge in Smith v. Bailen, 258 N.W.2d 118 (Minn.1977), under the constitution of that state. And we certify to our supreme court the following question of great public importance: WHETHER SECTION 742.031, FLORIDA STATUTES, VIOLATES ARTICLE I, SECTION 22, OF THE FLORIDA CONSTITUTION BY PRECLUDING A JURY TRIAL ON THE ISSUE OF PATERNITY? Because we find that the petitioner has failed to demonstrate any error or departure from the essenti...
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 18364, 2003 WL 22849603
...Chapter 742, Florida Statutes, is the primary vehicle for the establishment of paternity. See §
742.10(1), Fla. Stat. (2002); P.N.V. v. Wash, exrel. T.R.D.,
654 So.2d 1274, 1275 (Fla. 2d DCA 1995). Under chapter 742, paternity must be established by clear and convincing evidence. See §
742.031, Fla....
CopyPublished | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 7741
...The court said in Clarke v. Blackburn,
151 So.2d 325 (2d D.C.A.Fla.1963) that common law casts no liability upon the father to support his illegitimate child and it could only be imposed by statute. The statute in Florida which changed the common law was F.S. §
742.031, F.S.A....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 948, 1987 Fla. App. LEXIS 7614
a week in retroactive child support set by Section
742.031, Florida Statutes (1985) was an abuse of discretion
CopyPublished | Supreme Court of Florida
...are the parents of a minor child born in 2012. In 2014, they
entered into a paternity agreement and parenting plan, and a court
incorporated the plan in a final judgment. 1 Under that plan, the
mother had primary residential custody and the majority of time-
1. Section 742.031(1), Florida Statutes (2020), authorizes a
court, in conjunction with a determination of paternity, to “make a
determination of an appropriate parenting plan, including a time-
sharing schedule, in accordance with chapter 61.”
-3-
sharing....
CopyPublished | Supreme Court of Florida
OVERTON, Justice. This is an appeal from the decision in B.J.Y. v. M.A.,
594 So.2d 816 (Fla. 1st DCA 1992), in which the district court declared section
742.031, Florida Statutes (1991), to be unconstitutional to the extent that it eliminates a putative father’s right to a jury trial in paternity proceedings. The district court also certified to this Court the following question as one of great public importance: WHETHER SECTION
742.031, FLORIDA STATUTES, VIOLATES ARTICLE I, SECTION 22, OF THE FLORIDA CONSTITUTION BY PRECLUDING A JURY TRIAL ON THE ISSUE OF PATERNITY[.] Id....
...We approve the district court's decision and answer the question in the affirmative. The relevant facts reflect that B.J.Y. filed a complaint against M.A. seeking a determination of the paternity of her child and an award of child support, in accordance with section 742.031, Florida Statutes (1991). M.A. filed an answer in which he denied being the father of the minor child and requested a jury trial. The trial judge granted M.A.’s request for a jury trial, finding section 742.031 to be unconstitutional on the grounds that it denied M.A....
...ce of the defendant within the state. In addition, the statute provided that the issue of paternity was to be determined by the court except that, "[u]pon request of either party, the issue of the paternity of such child [could] be tried by jury.” § 742.031, Fla....
...Bailen, 258 N.W.2d 118 (Minn.1977), reached the same conclusion. 2 Accordingly, we approve the district court’s finding that article I, section 22, of the Florida Constitution preserves the right to a jury trial in paternity proceedings, and we declare unconstitutional the portion of section 742.031, Florida Statutes, that requires paternity proceedings to be tried only by the judge....
