KATHY G. REED, APPELLANT,
v.
BILLY JAMES REED, APPELLEES

Fla. 1st DCA | 1989-04-11
No. 88-2047
SMITH, Chief Judge, concurs., WENTWORTH, J., dissents, with an opinion.
541 So. 2d 755 Florida District Court of Appeal, First District (1989) Positive Treatment
Cited by 8 cases

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Holding

The trial court abused its discretion by awarding insufficient child support.


Facts & Procedural History

The former husband voluntarily paid $75/week in child support prior to dissolution and had the ability to pay at least that amount. The custodial pare…

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Opinion of the Court
SHIVERS, Judge.

SHIVERS, Judge.

The wife appeals the child support provision in the final order of dissolution of marriage. We first note that the. child support guidelines found in section 61.30, Fla.Stat. (1987), effective July 1, 1987, do not necessarily apply to this case as the parties to this appeal assumed because the petition for dissolution was filed before the effective date. Chapter 87-95, section 25, Laws of Florida.

Despite the husband’s history of making $75.00 per week child support payments, his agreement to continue that rate of payment, and his apparent ability to do so, the trial court nevertheless required only a $50.00 per week payment from him. We cannot say that as a matter of law such an award constitutes an abuse of discretion. The record indicates that the trial court considered relevant factors in determining the child support requirement, e.g., Peak v. Peak, 411 So. 2d 325 (Fla. 5th DCA 1982) (factors such as income of the noncustodial parent, needs of the children, their age, station in life, and the ability of the custodial parent to provide for the needs of the children), and simply ordered a child support payment by the husband in accordance with those factors. In addition, we cannot find from the record evidence establishing that a greater amount was required to meet the children’s needs. McGregor v. McGregor, 371 So. 2d 567 (Fla. 4th DCA 1979).

AFFIRMED.

SMITH, Chief Judge, concurs.

WENTWORTH, J., dissents, with an opinion.

Dissent
WENTWORTH, Judge,

WENTWORTH, Judge,

dissenting.

I respectfully dissent. The record reflects the former husband’s voluntary payment prior to the dissolution proceedings of $75 per week toward support of the parties’ two children, ages 3 and 11 months at that time. The former husband’s testimony indicated that he had the ability to pay at least that amount.1 His attorney requested that the court award that amount to the custodial parent, the former wife, who claimed need for $100 per week in child support. In these circumstances the trial court’s award of $50 as weekly support was in my opinion an abuse of discretion, in view of the unrefuted evidence of the former husband’s ability to pay and evidence of the children’s need.

The court’s reliance on the children’s ages to show diminished cost of maintenance also appears to me to be too narrow a point of reference upon which to fix the award.2 The record reflects the former husband’s tacit admission to a $19,000 arrearage in support for two children of a prior marriage, indicating no assurance that the $25 per week allocation of income for that purpose in this case will go toward the support of those children.

. According to the husband’s financial affidavit he has monthly available income of $1,479. The record evidence is that he makes occasional support payments for two children in Texas. He makes a $427 monthly payment on a 1988 Corvette and also owns a turck and two motorcycles.

. A computation for comparative purposes under section 61.30, Florida Statutes, assuming without deciding legal. inapplicability on the date of the order herein, apparently yields a paternal contribution exceeding $100 weekly for the two children, after taking into account a 46% share for the wife based on current income. The $50 award by the court would result, by the same computation, in the mother’s providing 78% of the total support. In any case, the guideline figures contemplate an increase of the scheduled minimum for advancing age of children, as opposed to diminution on the basis of infancy.


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Citator

Cited By

  • Reed v. Reed, 597 So. 2d 936 (Fla. 1st DCA 1992)
    …delines in 1987 created new rights and liabilities, therefore the guidelines were to be applied prospectively. See Martinez v. Agostini, 579 So. 2d 280 (Fla. 3d DCA 1991); Trager v. Trager, 541 So. 2d 148 (Fla. 4th DCA 1989). See also Reed v. Reed, 541 So. 2d 755 (Fla. 1st DCA 1989) (newly enacted guidelines did “not necessarily apply” to a petition for dissolution filed before the effective date of the guidelines). We do not, however, consider this authority as controlling the situation at bar in which the…
  • Leone v. Leone, 577 So. 2d 587 (Fla. 3d DCA 1990)
    …te that the child support guidelines found in section 61.30, Florida Statutes (1987), do not apply to this case as the parties assumed because the petition for dissolution of marriage was filed before this section went into effect. See Reed v. Reed, 541 So. 2d 755 (Fla. 1st DCA 1989); Trager v. Trager, 541 So. 2d 148 (Fla. 4th DCA 1989). The parties filed the petition on June 13, 1986, and the statute did not go into effect until July 1, 1987. The trial court has broad discretion in determining the amount of…
  • Lewis v. Lewis, 569 So. 2d 1342 (Fla. 1st DCA 1990)
    …the hearing transcript indicates that the trial court gave consideration to such other relevant factors as Wife’s ability to pay, the needs of the children, Husband’s ability to provide for the children’s needs, or the children’s ages. Reed v. Reed, 541 So. 2d 755 (Fla. 1st DCA 1989). And, fourth, although the record establishes that only two of the children were living with Husband at the time of the hearing, the trial court directs Wife to pay support for the three youngest children. The order also contain…

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