D. H.
v.
J. H.

Fla. 2d DCA | 2021-01-20
No. 19-3968
277 So. 3d 185 Florida District Court of Appeal, Second District (2021) Positive Treatment
Cited by 5 cases
Opinion of the Court
Youakim

LUCAS, Judge. In this paternity dispute, D.H., the father, challenges the circuit court's determination of his child support obligation for his two minor children. The case was litigated over the course of two years and culminated in three days of trial in 2018. A little more than nine months later, on August 2, 2019, the circuit court entered the judgment now before us. On the record we have been provided, we do not believe the

- 2 - amount of time that elapsed between the conclusion of the trial and the entry of the judgment was so excessive as to warrant reversal of the judgment.

However, we agree with D.H. that the judgment failed to include sufficient findings as to how the court reached the figure it utilized to calculate D.H.'s income.

Moreover, the judgment was silent as to J.H., the mother's, income. We must, therefore, reverse the judgment and remand for the circuit court to make the requisite findings regarding the parties' respective incomes and, if necessary, to recalculate the child support award accordingly. See Carmack v. Carmack, 277 So. 3d 185, 186 (Fla. 2d DCA 2019); Whittingham v. Whittingham, 67 So. 3d 239, 239-40 (Fla. 2d DCA 2010); Wilcox v. Munoz, 35 So. 3d 136, 139 (Fla. 2d DCA 2010).

Reversed and remanded with instructions. NORTHCUTT and ROTHSTEIN-YOUAKIM, JJ., Concur.

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Citator

Cited By

  • D. H. v. J. H., 277 So. 3d 185 (Fla. 2d DCA 2021)
    …come. We must, therefore, reverse the judgment and remand for the circuit court to make the requisite findings regarding the parties' respective incomes and, if necessary, to recalculate the child support award accordingly. See Carmack v. Carmack, 277 So. 3d 185, 186 (Fla. 2d DCA 2019); Whittingham v. Whittingham, 67 So. 3d 239, 239-40 (Fla. 2d DCA 2010); Wilcox v. Munoz, 35 So. 3d 136, 139 (Fla. 2d DCA 2010). Reversed and remanded with instructions. NORTHCUTT and ROTHSTEIN-YOUAKIM, JJ., Concur.…
  • Ortiz v. Ortiz, 315 So. 3d 149 (Fla. 2d DCA 2021)
    …I. Child Support "A trial court is required to determine the net income of each parent when determining a child support award under section 61.30 . . . and the court must include adequate findings of such in the final judgment." Carmack v. Carmack, 277 So. 3d 185, 186 (Fla. 2d DCA 2019). "A trial court's failure to include factual findings regarding the parties' incomes for purposes of child support calculations renders a final judgment facially erroneous." Id. (quoting M.M. v. J.H., 251 So. 3d 970, 972 (F…
  • Delosreyes v. Rodel Bergonio Delosreyes, 392 So. 3d 128 (Fla. 4th DCA 2024)

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