498 So. 2d 1270 - Bernstein v. Bernstein’s Empirical Analysis
1986
Citation profile
21 state decisions
How this case has been cited
Cited by 21 later decisions — most recently January 2007
21 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Curt Muller v. State of Oregon · 402 So. 2d 606 - State v. Hawkins · Lee v. Lee · 377 So. 2d 798 - Armour v. Allen · 356 So. 2d 1263 - Meltzer v. Meltzer
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Child support is a right which belongs to the child. It is not a requirement imposed by one parent on the other; rather it is a dual obligation imposed on the parents by the State.”
2 later decisions quote this exact passage“The rights of the minor child ordinarily have but one advocate, his or her custodial parent. If that advocate can be deprived by contract of the ability to retain competent counsel, then what the law says may not be done directly could be accomplished indirectly. Therefore, the rule that the parents cannot by contract adversely affect the child’s rights must have a spillover effect on a contractual provision that would deny counsel to a party in need. On the other hand, the provision of the agreement in question for recovery of attorney’s fees by the prevailing party has the salutory effect of eliminating harassment by reducing the number of frivolous matters being placed in litigation. It is therefore necessary to achieve a balance between these competing principles on a case-by-case basis, keeping in mind the rights of the minor children involved.”
1 later decision quote this exact passagee.g. Engelsen v. Landers“A party seeking a change in the amount of child support has the burden of proving a substantial change in circumstance, which change is significant, material, involuntary [for a party seeking to make lower payments] and permanent in nature.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.