378 So. 2d 1327

Rosalinda Sanzo COSTEA, Appellant, v. Anthony James SANZO, Appellee.

No. 79-1534.

District Court of Appeal of Florida, Third District.

Jan. 15, 1980.

Alan Jay Braverman and David F. Holmes, Fort Lauderdale, for appellant.

Herman Cohen, Miami, for appellee.

Before HAVERFIELD, C. J., and SCHWARTZ and NESBITT, JJ.

PER CURIAM.

We conclude that the trial court erred in granting the appellee-husband a $2,300 credit so as to reduce to $1,000, the amount he owed in accrued past-due child support payments, the right to which had become vested in the wife. Hynes v. Hynes, 277 So.2d 557 (Fla. 3d DCA 1973); Petrucci v. Petrucci, 252 So.2d 867 (Fla. 3d DCA 1971); see Teta v. Teta, 297 So.2d 642 (Fla. 1st DCA 1974), and cases cited; cf. Gottesman v. Gottesman, 220 So.2d 640 (Fla. 3d DCA 1969). Upon remand, paragraph 7 of the order under review shall be amended to adjudicate an arrearage of $3,300.

Because the wife presented no evidence either of the value of counsel’s sérvices or *1328of her existing need, the denial of her claim for attorney’s fees below is affirmed. Schwebke v. Schwebke, 347 So.2d 645 (Fla. 3d DCA 1977); Johnson v. Johnson, 346 So.2d 591 (Fla. 1st DCA 1977).

Affirmed in part, reversed in part and remanded.

Costea v. Sanzo
378 So. 2d 1327

Case Details

Name
Costea v. Sanzo
Decision Date
Jan 15, 1980
Citations

378 So. 2d 1327

Jurisdiction
Florida

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