CARRIE L. BUCK
v.
KERRY BUCK

Fla. 2d DCA | 2020-11-20
No. 19-2824
Florida District Court of Appeal, Second District (2020)

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Synopsis

The appellate court affirmed most of a lower court's judgment regarding alimony and child support but reversed the child support calculations. The court found the lower court's income figures and deductions lacked competent, substantial evidence in the record, making it impossible to determine the basis for the calculations.


Holding

Yes, the trial court erred because the record lacked competent, substantial evidence to support the income figures and deductions used in the child support calculations. Therefore, the child support calculations must be reversed and recalculated.


Headnotes

[1] A trial court's child support calculations must be supported by competent, substantial evidence in the record showing the basis for income determinations and the mathemat…

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Key Quotes

“But as the Former Wife points out, it is impossible to determine from the record how the court arrived at the income figures or deductions it utilized, or what calculations it used to reach those figures.”

This quote establishes the core factual and legal problem identified by the appellate court regarding the lack of record support for the trial court's calculations.

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Facts & Procedural History

The Former Wife appealed an amended final judgment modifying alimony and child support. The judgment included child support calculations based on spec…

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Opinion of the Court
Khouzam

LUCAS, Judge. Carrie L. Buck (the Former Wife) appeals the "Amended Final Judgment on Former Husband's Supplemental Petition for Modification of Alimony and Child Support" entered on July 3, 2019. We find no merit in the Former Wife's arguments and affirm the judgment below in all respects save one. The amended final judgment included findings as to the parties' respective gross and net incomes, as well as deductions to those incomes, from which the court computed a modified child support

obligation for Kerry Buck (the Former Husband).

But as the Former Wife points out, it is impossible to determine from the record how the court arrived at the income figures or deductions it utilized, or what calculations it used to reach those figures. Without competent, substantial evidence to support the court's income findings, we are compelled to reverse the court's judgment with respect to those calculations. See C.J.I.-R. v. C.M., 215 So. 3d 198, 198 (Fla. 2d DCA 2017) (citing Hoffman v. Hoffman, 98 So. 3d 196, 197 (Fla. 2d DCA 2012); McCants v. McCants, 984 So. 2d 678, 682 (Fla. 2d DCA 2008)).1 KHOUZAM, C.J., and STARGEL, J., Concur. 1The Former Husband posits some possible mathematical calculations the circuit court may have used, which, he argues, would approximate the income and deductions figures in the amended final judgment. The difficulty with accepting the Former Husband's argument is that it would be completely speculative on our part to assume that the circuit court contemplated any of his proffered calculations when none of them were ever discussed, much less accepted. See Butler v. Yusem, 44 So. 3d 102, 105 (Fla. 2010) ("Under the tipsy coachman doctrine, where the trial court 'reaches the right result, but for the wrong reasons,' an appellate court can affirm the decision only if 'there is any theory or principle of law in the record which would support the ruling.' " (quoting Robertson v. State, 829 So. 2d 901, 906 (Fla. 2002))).

Footnotes
1 Accordingly, we reverse the judgment below, but only as to the court's child support calculations, and remand with directions for the court to recalculate the parties' respective incomes based upon the record evidence. We affirm the judgment in all other respects. Affirmed in part, reversed in part, and remanded with instructions.

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