Department of Revenue v. Whiting

HARRIS, Judge.

The parties were divorced in New York in 1990. The final judgment incorporated a property settlement agreement between the parties which defined the terms of emancipation of the children in so far as visitation and support would apply. The mother and the children moved to Florida.

Later, the father also moved to Florida and filed a petition to domesticate the New York decree and to modify it by reducing the amount of monthly support. The wife, through the Department of Revenue, defended the action and also sought substantial arrearages.

The court, without any pleadings to do so,…