Each week we look at what is new in Florida family law and what it means for families in the Panhandle. This week: three new appeals decisions.
1. Does a new spouse's help with the bills count toward child support?
On October 21, Florida’s Fourth District Court of Appeal decided Rampartap v. Rampartap. The mother asked to modify child support. Her new husband paid the household expenses, about $8,600 a month, including the mortgage, and the trial court counted all of that as her own income.
The Fourth District reversed. Florida law counts many kinds of payments as income for child support, including in kind payments that reduce a parent’s living expenses (section 61.30(2)(a)13., Florida Statutes). But when a new spouse simply pays the bills for his own household, the court explained, no payment has been made to the parent, so it is not her income. That is different from a relative or partner who regularly pays a parent’s own bills, which Florida courts have counted.
Bay County is in the First District. Bay County judges generally follow this decision unless the First District has ruled differently. The decision is not yet final. The lesson: if you have remarried or share a home, who pays which bills can matter. Keep clear records.
Read the decision: Rampartap v. Rampartap, No. 4D2025-1920 (Fla. 4th DCA Oct. 21, 2026)
2. A contempt hearing is not the place to change time-sharing
Also on October 21, the Fourth District decided Henry v. Rice. The parents had a final judgment from a paternity case. The father filed a motion for contempt that also asked to “flip” the time-sharing schedule, and later a petition to modify the parenting plan. After a hearing on contempt, with no evidence taken, the trial court entered a temporary order that had the child live mainly with the father and limited the mother’s time.
The Fourth District reversed. Only contempt was set for that hearing, and the order went beyond what was requested. Citing an earlier First District decision, the court explained that deciding issues that were not properly noticed denies a parent due process. While a modification petition is pending, a temporary change to an established schedule generally requires a real emergency. Bay County judges generally follow this decision unless the First District has ruled differently. It is not yet final.
Read the decision: Henry v. Rice, No. 4D2026-0854 (Fla. 4th DCA Oct. 21, 2026)
3. Share financial records fully and on time
On October 23, Florida’s Fifth District Court of Appeal decided Garcia v. Garcia, an appeal after a divorce trial that lasted 13 days. The trial court found that the husband acted in bad faith by holding back rental income and expense records until the middle of trial, and ordered him to pay $50,000 of the wife’s attorney’s fees.
The Fifth District agreed that bad faith conduct can support a fee award, but reversed the amount because the trial court did not explain how it reached that figure. Bay County judges generally follow this decision unless the First District has ruled differently. It is not yet final. The lesson: Florida requires both spouses to share financial information in a divorce, and complete, timely disclosure protects you.
Read the decision: Garcia v. Garcia, No. 5D2024-2992 (Fla. 5th DCA Oct. 23, 2026)
Questions about child support, a parenting plan, or a divorce? If you live in Bay County or elsewhere in the Panhandle, we are glad to talk. Call (850) 871-7397 or schedule a consultation.
The appellate decisions discussed above are not yet final. This post is general information about Florida law, not legal advice. Reading it does not create an attorney client relationship.