FEDERICO MONTEMURRO
v.
CRISTINA OBAYA
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The appellate court reversed and remanded a trial court's order approving a general magistrate's recommendations regarding child support and alimony arrearages. The court found that the child support calculations failed to account for payments made by the appellant, and that the alimony arrearage calculation lacked sufficient clarity and specific findings.
The court held that the child support calculations were erroneous for failing to account for all payments made by the husband. The court also held that the portions of the order regarding alimony arrearages were improper due to a lack of specific findings and clarity.
[1] A general magistrate's child support arrearage calculations must account for all payments made by a party, whether directly to the other party or through a central deposi…
[2] A trial court order approving a general magistrate's recommendation regarding child support arrearages must be reversed if the calculations fail to consider all payments…
Previewing 2 of 4 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“We, therefore, reverse that portion of the trial court’s order approving the magistrate’s recommendation regarding child support payments, and remand for the trial court to conduct whatever proceedings it deems appropriate to properly calculate any child support arrearages that may be owed by Montemurro.”
Establishes the reversal and remand for child support arrearage calculation errors.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceDuring marriage dissolution proceedings, the husband (appellant) argued that the general magistrate's calculations for child support and alimony arrea…
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SCALES, J. Pro se appellant Federico Montemurro, the husband in marriage dissolution proceedings below, appeals the trial court’s February 17, 2023 order approving and adopting a January 18, 2023 recommended order of the general magistrate. Specifically, Montemurro asserts that the general magistrate’s arrearage calculations for child support and alimony did not take into consideration payments Montemurro had made to appellee Cristina Obaya, the wife.
Regarding the child support payments, the Florida Department of Revenue (DOR)1 commendably concedes that the general magistrate’s recommended order does not account for all of the child support payments that Montemurro made both directly to Obaya and through the central depository. We, therefore, reverse that portion of the trial court’s order approving the magistrate’s recommendation regarding child support payments, and remand for the trial court to conduct whatever proceedings it deems appropriate to properly calculate any child support arrearages that may be owed by Montemurro.
In its concession, DOR takes no position on Montemurro’s argument raising error in the alimony arrearage. Regarding alimony, Montemurro claims that the alimony arrearage calculation, reflected in an affidavit filed with the trial court on the eve of the general magistrate hearing, is incorrect; however, his briefing on this issue is unclear and devoid of specific argument. In the partial transcript Montemurro provided to this Court, there is no testimony about such purported error. In his recommended order, the general magistrate acknowledged that Montemurro continues to owe alimony to Obaya but made no finding as to an alimony arrearage amount. We, therefore, reverse those portions of the trial court’s order purporting to approve the magistrate’s recommendations regarding alimony, and remand to the trial court for a specific finding on alimony arrearage.
Reversed and remanded with instructions.