RICHARD A. WALSH, APPELLANT,
v.
CHERYL D. WALSH, APPELLEE
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Richard Walsh appealed a final judgment dissolving his marriage to Cheryl Walsh. The First District Court of Appeal affirmed the custody determination but reversed and remanded portions of the judgment concerning child support, asset distribution, alimony, and attorney's fees due to insufficient findings of fact.
The court affirmed the custody determination but reversed and remanded the portions of the order addressing child support, asset and liability distribution, alimony, and attorney's fees because the trial court failed to make necessary findings of fact required by statute and for meaningful appellate review.
[1] A trial court must make specific findings when deviating from statutory child support guidelines.
[2] A trial court must identify marital and nonmarital assets and liabilities before distributing them.
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Join FLexlaw to unlock all legal intelligence“the trial court's failure to include specific findings with regard to child support, equitable distribution, alimony, and attorney fee issues may preclude meaningful appellate review, and result in a case having to be reversed and remanded.”
Establishes the governing standard that trial courts must include specific findings on these critical family law issues for appellate review.
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Join FLexlaw to unlock all legal intelligenceThe trial court dissolved the marriage of Richard and Cheryl Walsh on January 15, 1991, determining custody of two minor children, awarding child supp…
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PER CURIAM.
Appellant, Richard Walsh, challenges a final judgment of dissolution of marriage on numerous grounds. We affirm the order of the trial court regarding child custody, and also affirm the other issues raised by appellant which are not specifically discussed herein. We do, however, find that the final order by the trial judge is devoid of certain findings necessary to facilitate meaningful appellate review or to comply with specific statutory requirements. We must, therefore, reverse and remand to the trial court to make further findings related to distribution of assets and liabilities, child support, alimony, and attorney’s fees. The court dissolved the marriage of Richard Walsh, appellant, and Cheryl Walsh, appellee, on the 15th day of January, 1991. In the final judgment of dissolution, the trial judge determined custody of the two minor children, awarded child support to the wife, distributed the property of the parties, and awarded alimony to the wife. In making the child support award, it is not readily apparent from the record or the order that the judge utilized the child support guidelines contained in section 60.-30(l)(a), Florida Statutes (1989), or explained why he deviated from these guidelines. It is unclear from the record which assets and liabilities were determined to be marital versus nonmarital, or the valuations which were placed on the assets.1 No findings were made concerning the needs of the wife or the ability of the husband to pay. This court has recently held that the trial court’s failure to include specific findings with regard to child support, equitable distribution, alimony, and attorney fee issues may preclude meaningful appellate review, and result in a case having to be reversed and remanded. Miller v. Miller, 589 So. 2d 317 (Fla. 1st DCA 1991).
Section 61.30(l)(a), Florida Statutes (1989), specifically requires the trier of fact to make a specific finding on the record when he orders payment of child support in an amount different from the guideline amount. See also Touchstone v. Touchstone, 579 So. 2d 826 (Fla. 1st DCA 1991) (it is error to depart from the statutory minimum child support guidelines without stating findings and reasons for the departure). We, therefore, must reverse the part of the order awarding child support and remand the cause for entry of an amended order which states whether the guidelines are being applied or makes findings explaining the reasons for departure from the guidelines.
In addition, before making a distribution of marital assets and liabilities, the trial court must first determine which assets and liabilities are marital and which are nonmarital. § 61.075, Fla.Stat. (1989). See also Moon v. Moon, 594 So. 2d 819 (Fla. 1st DCA 1992). The lack of findings makes determining the distribution plan intended by the trial court impossible to review. See Prom v. Prom, 589 So. 2d 1363 (Fla. 1st DCA 1991). We are also unable to determine from the face of the final judgment or review of the record, what valuation was placed on the distributed properties, and, thus, we cannot adequately determine whether the trial court abused its discretion by the manner in which it distributed the assets and liabilities. See Dyson v. Dyson, 597 So. 2d 320 (Fla. 1st DCA 1992). We, accordingly, reverse the distribution of assets and liabilities and remand for further proceedings.
The lack of findings as to need and ability to pay also makes the award of alimony and attorney’s fees impossible to review. Thus, that portion of the order also must be reversed and remanded for further proceedings consistent with this opinion. See Miller v. Miller, supra.
We, therefore, reverse and remand the portions of the order dealing with child support, distribution of assets, liabilities, alimony, and attorney’s fees. We affirm as to all remaining issues.
SHIVERS, MINER and WOLF, JJ., concur. . We would note that appellant argues that certain of the liabilities were nonmarital since they were incurred by the wife on a credit card solely in the wife’s name. We would note that the fact that the'expense was incurred by the wife independently does not preclude the liability from being considered a marital liability. Deas v. Deas, 592 So. 2d 1221 (Fla. 1st DCA 1992).
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Citator
Cited By (31 total)
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Anderson v. Anderson, 609 So. 2d 87 (Fla. 1st DCA 1992)…actual findings to facilitate meaningful appellate review of the trial court’s decision to deny appellant’s request for attorney’s fees. We, therefore, reverse and remand for the trial court to make further findings as to this issue. Walsh v. Walsh, 600 So. 2d 1222 (Fla. 1st DCA 1992). Reversed and remanded. ERVIN and MINER, JJ., concur. . It appears that the $12,000 figure was based on testimony from the husband concerning what he should have received based on the wife’s income.…
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Jones v. Jones, 636 So. 2d 867 (Fla. 4th DCA 1994)…ten finding, or a specific finding on the record, explaining why ordering payment of such guideline amount would be unjust or inappropriate.” § 61.-30(l)(a), Fla.Stat. (1992). Wood; Pitts v. Pitts, 626 So. 2d 278 (Fla. 1st DCA 1993); Walsh v. Walsh, 600 So. 2d 1222 (Fla. 1st DCA 1992); Touchstone v. Touchstone, 579 So. 2d 826 (Fla. 1st DCA 1992); Neal. [*869] The trial court noted that the husband and his second wife had purchased an expensive piano, but additionally noted that the second wife’s funds had been…
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Armstrong v. Faye Armstrong, 623 So. 2d 1216 (Fla. 4th DCA 1993)…therefore remand for correction of the child support award to comport with the child support guidelines, unless the trial court can provide legally supportable reasons for deviating from the guidelines. Section 61.30(1)(a); see also Walsh v. Walsh, 600 So. 2d 1222 (Fla. 1st DCA 1992). Appellant also claims that the trial court abused its discretion when it awarded [*1218] appellee attorney’s fees. We agree and reverse. The principal criterion for an award of attorney’s fees in a marital case is the relative…1 / 2
Previewing 3 of 31 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Moon v. Moon, 594 So. 2d 819 (Fla. 1st DCA 1992)
- Prom v. Prom, 589 So. 2d 1363 (Fla. 1st DCA 1991)
- Dyson v. Dyson, 597 So. 2d 320 (Fla. 1st DCA 1992)
- Deas v. Deas, 592 So. 2d 1221 (Fla. 1st DCA 1992)
- Touchstone v. Myron Lavelle Touchstone, 579 So. 2d 826 (Fla. 1st DCA 1991)
- Miller v. Miller, 589 So. 2d 317 (Fla. 1st DCA 1991)