JOHN MICHAEL NEAL, APPELLANT,
v.
ELIZABETH M. MEEK, APPELLEE

Fla. 1st DCA | 1991-12-26
No. 91-684
ALLEN and WEBSTER, JJ., concur.
591 So. 2d 1044 Florida District Court of Appeal, First District (1991) Positive Treatment
Cited by 32 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The court held that the trial court erred in imputing income and calculating child support and medical expenses without sufficient findings and proper calculation.


Headnotes

[1] A trial court must make specific findings on the record explaining why the child support guidelines amount would be unjust or inappropriate before ordering a different am…

[2] To impute income to a voluntarily unemployed or underemployed parent, a trial court must determine the parent's employment potential and probable earnings level based on…

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

Facts & Procedural History

The father, who derived income from family assets and chose not to work conventionally, was ordered to pay child support and retroactive support. The …

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
KAHN, Judge.

KAHN, Judge.

This is an appeal by John Michael Neal from a final judgment of paternity and order on child support. We reverse portions of the judgment appealed, finding that three issues raised by appellant require discussion.

Mr. Neal is an able-bodied young man and the admitted father of appellee’s child. He derives his living from substantial family assets attributable to his mother and his grandmother. It appears from the record that he has a good deal of discretion as personal representative of his mother’s estate in determining payments he will receive from the estate during the period of probate. Mr. Neal is not the only beneficiary of the estate. Mr. Neal apparently chooses not to work in a conventional sense, and shows no earned income for the last several years.

Upon consideration of Neal’s financial affidavit, the trial court determined that Neal has “salary” of $833.33 per month. This money is all attributable to the estate.

The trial court went on to find that Neal is “capable of additional income,” but did not state any basis for the determination of the potential amount of such additional income.

The trial court required Neal to pay child support for the minor child in the amount of $675.00 per month, making this obligation retroactive to the date of the child’s birth in 1986, and allowing Neal until 20 days after the distribution of his mother’s estate to pay the lump sum retroactive child support in the amount of $35,775.00. The court also. required Neal to pay to appellee some $8,633.32 attributable to one-half of the minor child’s medical expenses since birth.

Since the parents have a combined income of less than $50,000.00 per year, the trial court was bound by the child support guidelines contained in § 61.30, Florida Statutes (1989). These guidelines apply to the present case in several ways.

First, the statute presumptively establishes the amount the court shall order as child support. § 61.30(l)(a), Fla.Stat. (1989). Next, the guidelines provide that the court may require payment in a different amount, but only upon a written finding, or a specific finding on the record, explaining why the guidelines amount would be unjust or inappropriate. Id.

Finally, the guidelines clearly allow the trial court to impute income to a parent whose unemployment or underemployment is found to be voluntary. In such a case, however, the trial court is required to determine the employment potential and probable earnings level of the parent based upon his or her recent work history, occupational qualifications, and prevailing earnings level in the community. § 61.30(2)(b), Fla.Stat. (1989).

While it is apparent that the trial court desired to impute income to Mr. Neal, she did not make the requisite findings under the statute to impute such income, and moreover, she failed to determine the “probable earnings level” of Mr. Neal upon imputation of such income. Our own review of the record and transcript has not led to an indication of how the court obtained the child support figure. Accordingly, this cause must be remanded for further proceedings to determine the appropriate amount of child support. See Lewis v. Lewis, 569 So. 2d 1342 (Fla. 1st DCA 1990). Any departure from the child support guidelines or any attempt to impute income to Mr. Meek must be supported by appropriate findings, as specifically required by § 61.30, Florida Statutes (1989).

Since we have reversed the monthly amount of child support, it follows that the lump sum awarded as retroactive child support must also be reversed. On remand, the trial court is clearly authorized to award retroactive child support. Coleman v. Mackey, 424 So. 2d 170 (Fla. 3d DCA 1983).

However, any requirement of payment of a lump sum within a time certain, as opposed to mere entry of a judgment against Mr. Neal, must be supported by findings of fact demonstrating that Mr. Neal would have the ability to pay within the time frame contemplated by the order. “The court shall determine ... the ability of the parents to support the child.” § 742.031, Fla.Stat. (1989). In this case, there is no finding that the ultimate distribution from the mother’s estate will allow this payment, nor is there a finding as to the contemplated distribution date.

The order requiring the father to pay $8,633.32 seems to have resulted from a mistake. Indeed, appellee concedes that the trial court, perhaps aided by appellee’s submissions, miscalculated the medical expenses, and that upon proper calculation, the father’s half should have been $6,180.86. Accordingly we remand this issue for proper calculation of the father’s obligation to pay the child’s hospital and medical expenses.

We do not disturb that portion of the final judgment adjudicating Mr. Neal’s paternity, but reverse the remainder of the order, and remand for further proceedings.

ALLEN and WEBSTER, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (16 total)

  • Jones v. Jones, 636 So. 2d 867 (Fla. 4th DCA 1994)
    …le and potential earnings level, source of imputed and actual income and adjustments to income must also be set forth. See § 61.30(b); Wood v. Wood, 632 So. 2d 720 (Fla. 1st DCA 1994); Levine v. Best, 595 So. 2d 278 (Fla. 3d DCA 1992); Neal v. Meek, 591 So. 2d 1044 (Fla. 1st DCA 1991); Seilkop v. Seilkop, 575 So. 2d 269 (Fla. 3d DCA 1991). This requirement is equally important in modification proceedings as in the initial proceeding, especially where the amount of each parties’ income was never established at…
  • Andrews v. Andrews, 867 So. 2d 476 (Fla. 5th DCA 2004)
    …the court must consider the spouse’s recent work history, his or her occupational qualifications, and the prevailing earnings in the community for that class of available jobs. Clayton v. Lloyd, 707 So. 2d 407, 408 (Fla. 4th DCA 1998); Neal v. Meek, 591 So. 2d 1044 (Fla. 1st DCA 1991); Cushman v. Cushman, 585 So. 2d 485 (Fla. 2d DCA 1991). David failed to establish by testimony or evidence a range of salaries being paid for current and available employment opportunities in the Jacksonville area for which Rebe…
  • Chapoteau v. Jean-Rene Chapoteau, 659 So. 2d 1381 (Fla. 3d DCA 1995)
    …nt must be supported by specific findings of the amount of income to be imputed and the basis for determining such amount. Seilkop v. Seilkop, 575 So. 2d 269 (Fla. 3d DCA 1991); Wollschlager v. Veal, 601 So. 2d 274 (Fla. 1st DCA 1992); Neal v. Meek, 591 So. 2d 1044 (Fla. 1st DCA 1991); Lewis v. Lewis, 569 So. 2d 1342 (Fla. 1st DCA 1990), review denied, 581 So. 2d 165 (Fla. 1991). Finally, we also reverse the court’s denial of the former wife’s request for alimony. The court did not make the findings required…

Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw