Fox v. Webb, 495 So. 2d 879 (Fla. 5th DCA 1986). · Go Syfert
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Fox v. Webb, 495 So. 2d 879 (Fla. 5th DCA 1986). Cases Citing This Book View Copy Cite
14 citation events (7 in the last 25 years) across 3 distinct courts.
Strongest positive: Bravo v. Johnson F/K/A Donlan (fladistctapp, 2024-11-13)
Top citers, strongest first. 5 distinct citers.
discussed Cited as authority (rule) Bravo v. Johnson F/K/A Donlan
Fla. Dist. Ct. App. · 2024 · confidence medium
See Baggett v. Walsh, 510 So. 2d 1099, 1102 (Fla. 1st DCA 1987) (“[T]he court’s jurisdiction in respect to visitation rights of nonresidents is conceptually different from its power to adjudicate and enforce support issues against nonresident parents.”); Fox v. Webb, 495 So. 2d 879, 880 (Fla. 5th DCA 1986) (explaining that a Florida court had subject matter jurisdiction to modify another state’s custody decree under the predecessor to UCCJEA, but it could not modify support payments created by another state’s decree unless it obtained jurisdiction over the obligor through some other …
cited Cited as authority (rule) Lofton v. Lofton
Miss. Ct. App. · 2006 · confidence medium
The Florida court dealt a similar issue again in Fox v. Webb, 495 So.2d 879, 879 (Fla.Dist.Ct.App.1986).
discussed Cited as authority (rule) Balestrieri v. Maliska
Fla. Dist. Ct. App. · 1993 · confidence medium
In Fox v. Webb, 495 So.2d 879, 880 (Fla. 5th DCA 1986), the court recognized that minimum contacts would be required for modification of child support, but stated in regard to custody (which was not an issue): The long-arm service provision of the UCCJA, section 61.1312, permits a Florida court to enter a decree concerning custody which binds a non-resident parent, provided it has subject-matter jurisdiction as spelled out in the UCCJA.
discussed Cited as authority (rule) Tonkin v. Sonnenberg
Fla. Dist. Ct. App. · 1989 · confidence medium
Venue for interstate modifications of child custody decrees is governed by the general venue statute, 1 and subject matter jurisdiction is controlled by the provisions of the Uniform Child Custody Jurisdiction (“UCCJA”) 2 and Parental Kidnapping Prevention Act (“PKPA”). 3 Prickett v. Prickett, 498 So.2d 1060 (Fla. 5th DCA 1986); Fox v. Webb, 495 So.2d 879, 880 (Fla. 5th DCA 1986); Hamill at 346 ; Meade v. Meade, 812 F.2d 1473, 1477 (4th Cir.1987) (PKPA creates federal subject matter jurisdiction); McDougald v. Jenson, 786 F.2d 1465 (11th Cir.1986).
discussed Cited "see" Hollowell v. Tamburro
Fla. Dist. Ct. App. · 2008 · signal: see · confidence high
See Fox v. Webb, 495 So.2d 879 (Fla. 5th DCA 1986)(where court observed that that jurisdiction over a "custody determination" under the Uniform Child Custody Jurisdiction Act did not confer personal jurisdiction over a non-resident to alter support payments created by another state's decree).
David Allen FOX, Appellant,
v.
Lynne R. WEBB F/K/a Lynne R. Fox, Appellee.
86-720.
District Court of Appeal of Florida, Fifth District.
Oct 9, 1986.
495 So. 2d 879
Sharp.
Cited by 8 opinions  |  Published

Bradly Roger Bettin, of Holcomb, Ennis, Theriac, Amari & Roberts, Cocoa, for appellant.

No appearance for appellee.

SHARP, Judge.

Fox appeals from a non-final order denying his motion to dismiss his former wife's petition to increase his child support obligations provided by a Texas decree. Webb, the appellee, sought to have a Florida court establish the Texas judgment as a Florida decree, and modify and enforce it. § 61.1332(1), Fla. Stat. (1985). We reverse because the lower court lacked personal jurisdiction over Fox. Fla.R.App.P. 9.130(a)(3)(C)(i).

The parties formerly lived in Texas and had three minor children. They were divorced in Texas in 1982, whereupon Webb and the three children moved to Brevard County, Florida. This proceeding was commenced in 1985, six months after Webb and the children had become Florida residents.

Webb's original petition sought to amend the Texas decree's visitation privileges for Fox with the children by drastically limiting them, and to require him to undergo a psychological evaluation. It was served on Fox in Texas pursuant to the "long-arm" service provisions of Florida's UCCJA. § 61.1312, Fla. Stat. (1985). Fox then filed a counter-petition seeking to require Webb to allow him to communicate with his children by telephone, and to restrain her from estranging him from his children.

[*880] Thereafter, Webb refiled her petition for modification, seeking an increase in child support payments. Again, Fox was served only by Florida's long-arm procedure in Texas. Fox responded with a motion to dismiss, and established by an unchallenged affidavit: that he has always been a Texas resident, that he was served only by Florida's long-arm procedure in Texas, that he has not been present in Florida and owns no property here, and that the decree sought to be modified in this case is a Texas judgment. The trial court denied Fox's motion on the ground that Fox filed a counter-petition in this proceeding.

A Florida court has subject-matter jurisdiction under the UCCJA to modify an out-of-state child custody decree if the requirements of sections 61.1314 and 61.1308 are met. Appellant does not challenge jurisdiction of the Florida court to act in this regard. But, simply on the basis of UCCJA jurisdiction, a Florida court does not necessarily have jurisdiction to alter or enforce money judgments or obligations in such a judgment, unless jurisdiction is obtained over the obligor through some other basis or ground other than the UCCJA. Section 61.1306 defines "custody determination" as:

(2) "Custody determination" means a court decision and court orders and instructions providing for the custody of a child, including visitation rights; it does not include a decision relating to child support or any other monetary obligation of any person. (Emphasis added).

The long-arm service provision of the UCCJA, section 61.1312, permits a Florida court to enter a decree concerning custody which binds a non-resident parent, provided it has subject-matter jurisdiction as spelled out in the UCCJA. But that kind of service does not give the court personal jurisdiction over the non-resident to alter support payments created by another state's decree. Overcash v. Overcash, 466 So.2d 1261 (Fla. 2d DCA 1985); Burch v. Burch, 424 So.2d 187 (Fla. 4th DCA 1983); Slidell v. Valentine, 298 N.W.2d 599 (Iowa 1980). Any attempted modification in the monetary obligations of the non-resident in such a case would be void and not entitled to full faith and credit.[1]

Nor do we think that section 48.193, Florida Statutes (1985) alters the outcome in this case. That section provides:

(4) If a defendant in his pleadings demands affirmative relief on causes of action unrelated to the transaction forming the basis of plaintiff's claim, the defendant shall thereafter in that action be subject to the jurisdiction of the court for any cause of action, regardless of its basis, which the plaintiff may by amendment assert against the defendant. (Emphasis added).

In this case, Fox's counter-petition related solely to the issues of custody and visitation, which were the thrust of the appellee's original petition. He did not seek affirmative relief on any matter unrelated to the child visitation and custody issues. Therefore, Fox did not subject himself to the jurisdiction of the Florida court for any cause of action not encompassed within the UCCJA.

REVERSED.

UPCHURCH, C.J., and COWART, J., concur.

1 Vanderbilt v. Vanderbilt, 354 U.S. 416, 77 S.Ct. 1360, 1 L.Ed.2d 1456 (1957); Estin v. Estin, 334 U.S. 541, 68 S.Ct. 1213, 92 L.Ed. 1561 (1948); Kreiger v. Kreiger, 334 U.S. 555, 68 S.Ct. 1221, 92 L.Ed. 1572 (1948); Wright v. Wright, 411 So.2d 1334 (Fla. 4th DCA 1982).