JACQUELINE SUZANNE GOFF
v.
RYAN MITCHELL GOFF AND COASTAL LIVING ELECTRICAL, LLC.
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The appellate court reversed and remanded a final judgment dissolving a marriage on two specific issues: the refinancing of the marital home and the attachment of a child support worksheet. The court affirmed the rest of the judgment.
Yes. The trial court should have directed the Former Husband to use best efforts to refinance the marital home within a reasonable time and include a hold harmless provision. Additionally, the trial court erred by failing to attach the child support guidelines worksheet to the final judgment.
[1] When one spouse is awarded the marital home in a dissolution judgment, the trial court must direct that spouse to use best efforts to refinance the mortgage solely in his…
[2] A trial court commits reversible error in a child support determination by failing to attach the child support guidelines worksheet to the final judgment.
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Join FLexlaw to unlock all legal intelligence“The Former Husband properly concedes error in two respects as to issues four and eight. We reverse and remand the final judgment solely as to those two items.”
Establishes the basis for reversal and remand on specific issues.
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Join FLexlaw to unlock all legal intelligenceThe Former Wife appealed a final judgment dissolving her marriage, raising eight issues. She failed to provide a trial transcript or substitute. The F…
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SILBERMAN, Judge.
Jacqueline Suzanne Goff (the Former Wife) appeals a final judgment dissolving her marriage to Ryan Mitchell Goff (the Former Husband). She raises eight issues on appeal but has failed to provide a trial transcript or appropriate substitute.1 Patel, 162 So. 3d 165, 166 (Fla. 5th DCA 2015). We reverse and remand for entry of an amended final judgment to the extent that the trial court shall (1) direct the Former Husband to use his best efforts to refinance1 Without a transcript or a statement of the evidence, a reversal is appropriate only when "an error of law is apparent on the face of the judgment." Banks v. Banks, 168 So. 3d 273, 275 (Fla. 2d DCA 2015).
the marital home within a reasonable time in order to relieve the Former Wife of liability on the existing mortgage and (2) "include a hold harmless provision in the amended final judgment in the event the [F]ormer [H]usband is unable to obtain refinancing." Id.
As to issue eight and the subject of child support, the trial court found "that given the substantial time that each party will have with the children and their relative income, neither party shall pay child support to the other." The Former Husband contends that the child support guidelines worksheet indicated, based on the Former Wife's income plus alimony, that she would owe a nominal amount of support under the parenting plan. He asserts that the trial court acted within its discretion in not requiring the Former Wife to pay the nominal amount of support and that he did not raise an objection. The Former Husband concedes that the trial court inadvertently failed to attach the worksheet to the final judgment. In determining child support, it is error to fail to include in the final judgment a child support guidelines worksheet. J.A.D. v. K.M.A., 264 So. 3d 1080, 1083 (Fla. 2d DCA 2019). Thus, we direct the trial court to attach the child support guidelines worksheet to the amended final judgment on remand.
Affirmed in part, reversed in part, and remanded.
MORRIS, C.J., and NORTHCUTT, J., Concur.
Opinion subject to revision prior to official publication.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- J.A.D. v. K.M.A., 264 So. 3d 1080 (Fla. 2d DCA 2019)
- Irene Banks v. Randy Banks, 168 So. 3d 273 (Fla. 2d DCA 2015)