Arrestable Offenses / Crimes under Fla. Stat. 856.04
CopyCited 59 times | Published | Supreme Court of Florida
...g custody of such child reasonable sums of money for the "care, support, maintenance, training and education of such child." Does this proceeding not "determine paternity"? In 1965 the Legislature amended Chapter 856, Florida Statutes, by adding sub-section 856.04(2), Florida Statutes, making it a crime to withhold support from an illegitimate child whose paternity has been adjudged in this or any other jurisdiction....
...9.11(2)(e), Florida Statutes; c) a child whose paternity has been adjudicated in a foreign jurisdiction, by whatever procedure or whatever evidence may be proper there, without regard to the restrictions on such procedure in Florida, pursuant to sub-section
856.04(2), Florida Statutes; d) vicariously under sub-section
440.02(13), Florida Statutes, the Workmen's Compensation Act, where the child has been "acknowledged" even by circumstantial evidence, by the father; e) vicariously through damages...
CopyCited 40 times | Published | Supreme Court of Florida
...support rights on behalf of the child. Moreover, if chapter 742 provided the exclusive means for determining paternity, a putative father-even one who openly acknowledged his paternity-would be able to avoid with impunity the criminal provisions of section 856.04(2), Florida Statutes (1977) (withholding child support), by virtue of the mother's failure, for whatever reason, to obtain an adjudication of paternity....
CopyCited 22 times | Published | Florida 2nd District Court of Appeal
...r even adequate, or the necessary needs of a 17-year old high school senior in Fort Lauderdale, Florida. In further answer to the matter of obligation, there is apparently some obligation and duty on the part of the mother to support her children. F.S. 856.04, F.S.A....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 81, 1985 Fla. App. LEXIS 6033
...incurred by the other spouse only where the latter's assets are insufficient to satisfy the debt. Jersey Shore, 417 A.2d at 1010. [4] Manatee,
392 So.2d at 1359. [5] Parkway,
400 So.2d at 167. [6] §
61.09-.10, Fla. Stat. (1983). [7] We do not view section
856.04, Florida Statutes (1983) as an indication of legislative intent to retain the common law doctrine of necessaries, in light of Chapter 61....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 1182
...We do not reach this issue because review of the record demonstrates that the trial court was without jurisdiction to revoke Blackburn's probation. We reverse and order Blackburn discharged. On 1 June 1979, Blackburn was placed on probation for two years following his violation of Section 856.04, Florida Statutes *518 (1979), a third-degree felony with a maximum penalty of five-years imprisonment....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 744
...Nonetheless, the husband continued to contribute to the support of the wife and child. Under Florida law there is not the slightest proof of an abandonment, which is evidenced by desertion or the withholding of support. See generally State v. Darnell,
230 So.2d 151, 152 (Fla. 1970); §
856.04, Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1999 WL 1243870
...It exists irrespective of a divorce decree awarding their custody to the mother. It may be enforced by the courts in a manner inconsistent with a contractual obligation...."
80 So.2d at 658 [c.o.]. [1] In fact so clear is the duty of parental support that the legislature has made it a crime to fail to do it. Section
856.04(1) unambiguously states that: "Any man ... who shall willfully withhold from them ... the means of support, or any mother ... who shall willfully withhold from [her children] the means of support, shall be guilty of a felony of the third degree...." §
856.04(1) Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 1970 Fla. LEXIS 2873
means of support in violation of Chapter 88 and Section
856.04, Florida Statutes [F.S.A.].” The trial court
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 6234
support from his minor children in violation of Section
856.04(1), Florida Statutes, F.S.A. Although the cited
CopyPublished | Florida 1st District Court of Appeal | 1979 Fla. App. LEXIS 14071
PER CURIAM. Raymond David Bryne appeals from a judgment and sentence for willfully withholding the means of support from minor children, pursuant to Section 856.04, Florida Statutes (1975)....
CopyPublished | Florida 1st District Court of Appeal | 1990 Fla. App. LEXIS 187, 1990 WL 2066
ERVIN, Judge. McGee appeals the trial court’s order dismissing his complaint for a declaration adjudicating Section 856.04, Florida Statutes (1987), 1 unconstitutional on the ground that *915 the statute violates his constitutional right to equal protection under the law....
...enge Arkansas anti-evolution statute). Under the circumstances, the actual arrest of McGee is not necessary in order to sharpen the dispute between these parties. McGee is therefore an entirely appropriate party to challenge the constitutionality of section 856.04....
CopyPublished | Supreme Court of Florida | 1979 Fla. LEXIS 4558
PER CURIAM. No substantial constitutional question has been raised as to the constitutionality of section 856.04, Florida Statutes (1977); accordingly, this case is transferred to the First District Court of Appeal....
CopyPublished | Supreme Court of Florida | 1954 Fla. LEXIS 1891
State penitentiary. It is contended that F.S. §
856.04, F.S.A., under which petitioner was convicted
CopyPublished | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 4611
...hout jurisdiction. The motion to dismiss was granted on the ground stated. The state contends that t.he trial court erred in entering the order dismissing the information. We cannot agree. The statute which the defendant is charged with violating is
856.04 Fla.Stat., F.SA., and reads as follows: “
856.04 — Desertion; withholding support; proviso — Any man who shall in this state desert his wife and children * * [Emphasis supplied.] At first reading, it is clear that the language of the statute requires that in order for a crime to take place, the defendant and his children must be in the State of Florida. Since §
856.04 F.S.A. is penal in nature, we are obliged to strictly construe its provisions. Stedman v. State,
80 Fla. 547 ,
86 So. 428 . Moreover, §
856.04 F.S.A....
CopyPublished | Supreme Court of Florida | 1954 Fla. LEXIS 1928
TERRELL, Acting Chief Justice. Petitioner was tried and convicted on an information pursuant to F.S. § 856.04, F.S.A., charging in the first count that he did on the 1st day of September, 1953 unlawfully desert his eight minor children, to-wit: Sammie Stephens, Mary Lou Stephens, Wendell Stephens, Maxie Stephens, Lucretia Stephens, Robert Stephens, Zell Stephens and James David Stephens....
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 16334
...Appellant was ordered to pay the sum of $90 per week for the support of the children. On February 11, 1976, appellee filed an affidavit complaint alleging that appellant had feloniously and willfully withheld support from the minor children between September 15, 1975 until February 11, 1976 in violation of Section 856.04, Florida Statutes. Section 856.04 provides in pertinent part: Any man who shall in this state desert his wife and children, or either of them, or his wife where there are no children or child, or who shall willfully withhold from them or either of them, the means of su...
