KARL ANDERKO, APPELLANT,
v.
BRANDY MICHELLE NICHOLSON, APPELLEE
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PER CURIAM.
In arriving at appellant’s retroactive and prospective child-support obligations, the trial court in its Temporary Order found that $400.00 per month was a reasonable child-care cost. This was error because that finding cannot be squared with section 61.30(7), Florida Statutes (2007) (requiring that child-care costs be “incurred” before they can be considered for purposes of calculating a child-support obligation), and is, moreover, not supported by competent substantial evidence. See Smith v. Smith, 872 So. 2d 397, 399 (Fla. 1st DCA 2004) (reversing an award of retroactive child support because the children’s maternal grandmother had provided child care without any expectation of payment).
We do not consider other issues directed to the child-support computation raised for the first time in appellant’s reply brief. See Mercury Ins. Co. of Fla. v. Coatney, 910 So. 2d 925, 927 n. 2 (Fla. 1st DCA 2005) (noting that an appellate court will not consider issues raised for the first time in a reply brief).
Because of the erroneous inclusion in the child-support computation of a child-care cost, we reverse the Temporary Order. REVERSED.
WEBSTER, DAVIS, and HAWKES, JJ., concur.
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Citator
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Knudson v. Drobnak, 149 So. 3d 114 (Fla. 4th DCA 2014)…0 (Fla. 2d DCA 2010) (remanding to trial court to adjust child support obligation in modification order where evidence reflected that child support amount included childcare costs that were not incurred after a specified date); Anderko v. Nicholson, 997 So. 2d 519 (Fla. 1st DCA 2008) (finding error in award of childcare costs in the absence of evidence they were incurred). Accordingly, we remand to the trial court to recalculate the arrearages, subtracting childcare expenses for the months the mother did not…
Authorities Cited
- Smith v. Smith, 872 So. 2d 397 (Fla. 1st DCA 2004)
- Mercury Ins. Co. OF Fla. v. Coatney, 910 So. 2d 925 (Fla. 1st DCA 2005)