VICTORIA S. TORRES, FORMER WIFE, APPELLANT,
v.
GREGORY W. HUNTER, FORMER HUSBAND, APPELLEE

Fla. 1st DCA | 1992-01-15
No. 91-1409
BOOTH and BARFIELD, JJ., concur.
592 So. 2d 757 Florida District Court of Appeal, First District (1992) Positive Treatment
Cited by 2 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.

Synopsis

Former wife appeals a child support modification order, arguing the trial court failed to apply statutory guidelines minimum. The appellate court reverses, holding that when combined parental income exceeds the statutory cap, the maximum guideline amount serves as a presumptive floor for child support awards.


Holding

The court held that trial courts must presume the maximum guideline amount is the minimum child support obligation when combined income exceeds $50,000, and may order a lesser amount only upon specific written findings that the guideline amount would be unjust or inappropriate. The trial court's order of $500/month was reversed because the record contained no evidence establishing the child's needs were less than the statutory minimum guideline amount.


Headnotes

[1] When a combined parental income exceeds the statutory maximum for child support guidelines, the maximum presumptive guidelines amount should be used as a floor for the ch…

[2] A trial court must make specific written findings explaining why ordering payment of the statutory child support guideline amount would be unjust or inappropriate.

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Key Quotes

“use the maximum presumptive guidelines amount as a 'floor' to the child support award”

Establishes the core legal principle that guideline maximums serve as presumptive minimums for high-income cases

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Facts & Procedural History

The parties divorced in 1982 with the former husband ordered to pay $300/month child support. In October 1990, the former wife sought modification bas…

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Opinion of the Court
SMITH, Judge.

SMITH, Judge.

Appellant, the former wife, appeals an order modifying the former husband’s child support obligation, urging that the trial court erred in arriving at the child support award without consideration of the minimum child support need of $817.00 per month established by the statutory guidelines. We reverse and remand.

At the time of dissolution in 1982, the former husband was ordered to pay $300 a month for support of the only child born to the parties’ marriage. The former husband was also ordered to provide health and life insurance.

In October 1990, the former wife petitioned for modification of child support, alleging a change in circumstances in that the former husband was earning a substantially greater income as an optometrist and that he was able to contribute more to the support of the child. At that time, the former husband was paying $450 a month in child support, $50-60 of which was for the child’s health insurance. Due to the former husband’s increased earnings as an optometrist, the parties’ combined income exceeded $50,-000.1 Therefore, the child support guidelines are inapplicable.

Section 61.30(l)(b)2, Fla.Stat. (1989). Both parties have remarried, and the former wife has another child from the second marriage.

Following a hearing, the lower court ordered the former husband’s child support obligation to be increased to $500 per month. In so ordering, the trial court stated that the “needs of the child, as established by the testimony of the parties, do not exceed $500 per month and [the former husband] has no obligation to support the Former Wife, her present husband or the child of the present marriage.”

In Harrison v. Harrison, 573 So. 2d 1018, 1020 (Fla. 1st DCA 1991), we stated that when the combined income exceeds the $50,000 maximum provided in section 61.30, a trial court should nevertheless “use the maximum presumptive guidelines amount as a ‘floor’ to the child support award....” See also Barrs v. Barrs, 590 So. 2d 980 (Fla. 1st DCA 1991), and Weinstein v. Steele, 590 So. 2d 1005 (Fla. 3d DCA 1991).

Although we agree that the former wife’s evidence failed to adequately address the child’s needs, we do not find in the record evidence establishing that her needs are less than the minimum guidelines amount for parties earning a combined income of more than $50,000 annually.

Accordingly, we reverse and remand this cause with instructions that the lower court is to presume the maximum guidelines amount is the minimum support obligation of the parties, and if support in less than that amount is ordered, to make specific written findings why ordering payment of the guideline amount would be “unjust or inappropriate.” Section 61.30(l)(a), Florida Statutes. On remand, the trial court should also take into consideration and make appropriate findings as to whether the former wife is voluntarily underemployed, as provided in section 61.30(2)(b), in setting the relative support obligations of the parties.

REVERSED and REMANDED.

BOOTH and BARFIELD, JJ., concur. . The former husband's gross income for the year 1989 was $79,300; the former wife's earnings from part-time work averaged approximately $90 per week.


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Citator

Cited By

  • ZAK v. ZAK, 629 So. 2d 187 (Fla. 2d DCA 1993)
    …rsuant to section 61.30(3), Florida Statutes (1991), should have been at least $1,993.87.2 In these circumstances, the guidelines establish a minimum child support floor. See Sinclair v. Sinclair, 594 So. 2d 807 (Fla. 3d DCA 1992); Torres v. Hunter, 592 So. 2d 757 (Fla. 1st DCA 1992). Clearly the trial court erred in establishing the child support level for which the husband is responsible, and upon remand the trial court should not overlook that these parties’ combined net income exceeds the statutory combin…

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