WHIPPLE VAN NESS JONES III, HUSBAND
v.
MONICA ELAINE JONES, WIFE
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Former husband appealed a final judgment of dissolution of marriage on six issues. The appellate court affirmed most of the lower court's decision but reversed and remanded two issues: the allocation of uncovered medical expenses and the calculation of ongoing and retroactive child support, where the trial court erroneously included an adult daughter in the child support calculation and failed to account for changes in income during the retroactive period.
The trial court erred in allocating uncovered medical expenses and in calculating ongoing and retroactive child support. The ongoing child support must be recalculated to account for only two minor children from September 2018 onward, as the eldest daughter had reached the age of majority. Retroactive child support must be recalculated to reflect the former husband's actual income, including net monthly income and self-employment taxable income increases during the January 2017 to April 2018 period.
[1] A trial court must properly apportion uncovered medical expenses as required by law in a dissolution of marriage judgment.
[2] Ongoing child support must be recalculated to account for children who have reached the age of majority.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“An award of retroactive child support is "subject to the obligor's demonstration of his or her actual income . . . during the retroactive period." § 61.30(17)(a), Fla. Stat.”
Establishes that retroactive child support awards must be based on the obligor's actual income during the retroactive period, not income from a different time period
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Join FLexlaw to unlock all legal intelligenceThe trial court entered a final judgment of dissolution of marriage, ordering the former husband to pay ongoing child support for three minor children…
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PER CURIAM.
Former husband∗ appeals the final judgment of dissolution of marriage, raising six issues. We affirm as to all but two: allocation of the cost of uncovered medical expenses and the calculations of the ongoing and retroactive child support. First, we reverse and remand with instruction for the trial court to properly apportion the uncovered medical expenses, as required by law. See § 61.13(1)(b), Fla. Stat. (2019). Second, we reverse and remand with instruction for the trial court to recalculate the ongoing child
∗ A suggestion of death indicating that Appellant died on October 21, 2019, was filed on November 26, 2019.
support and for further proceedings to determine recalculation for retroactive child support. At the time of the final judgment, former husband was ordered to pay ongoing child support for three minor children, yet his eldest daughter had reached the age of majority six months prior. The ongoing child support must be recalculated from September 2018 to account for only the two minor children. Additionally, changes in the Child Support Guidelines Worksheets for the additional retroactive period of child support obligation reflect increases in former husband’s net monthly income and self-employment taxable income for the fifteen-month period between January 2017 and April 2018. An award of retroactive child support is “subject to the obligor’s demonstration of his or her actual income . . . during the retroactive period.” § 61.30(17)(a), Fla. Stat. AFFIRMED in part, REVERSED and REMANDED, in part. MAKAR, BILBREY, and M.K. THOMAS, JJ., concur. _____________________________