TERESA JEAN MARTIN, APPELLANT,
v.
JAMES H. MARTIN, APPELLEE
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.
The court held that the trial court erred in ordering proceeds used for a college fund and denying credit for mortgage payments, and that the child support award was improper without written findings explaining the deviation from guidelines.
The former husband conceded errors in the trial court's order regarding the use of marital residence sale proceeds for a college fund and the wife's c…
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.
Explore caselaw by topic → Browse Child Support Guidelines cases and more on FLexlaw
PER CURIAM.
The former husband, James H. Martin, concedes that the trial court erred in entering an order that provides that the net proceeds from the sale of the marital residence shall be used as a college fund for the parties’ child if the proceeds are not reinvested in another home. See French v. French, 452 So. 2d 647 (Fla. 4th DCA1984) (“trial court has no authority to require a parent to provide a college education for his children”); Lykens v. Lykens, 446 So. 2d 256 (Fla. 5th DCA1984).
The trial court also ordered the former wife, Teresa Jean Martin, to continue paying the mortgage, taxes and insurance on the marital residence until it is sold. The trial court, however, also ordered that no credit be given to the former wife for such payments at the time of the closing. The former husband also concedes that the trial court erred in ordering that the wife not receive a credit for the payments of the mortgage, taxes and insurance. See Kelly v. Kelly, 583 So. 2d 667 (Fla.1991); Leatherwood v. Sandstrom, 583 So. 2d 390 (Fla. 4th DCA1991).
Finally, the former husband cross appeals from the amount awarded for child support. The trial court departed from the child support guidelines without providing “a written finding, or a specific finding on the record, explaining why ordering payment of such guideline amount would be unjust or inappropriate.” § 61.30, Fla.Stat. (1991). Accordingly, we reverse the portion of the order awarding child support and remand the cause for the trial court to enter an amended order explaining its reason for departing from the guidelines or to enter an amended order awarding child support within the guidelines. See Walsh v. Walsh, 600 So. 2d 1222 (Fla. 1st DCA1992); Touchstone v. Touchstone, 579 So. 2d 826 (Fla. 1st DCA1991).
For the foregoing reasons we reverse and remand this cause for the trial court to enter an amended order consistent with this opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
McLEAN v. McLEAN, 652 So. 2d 1178 (Fla. 2d DCA 1995)…at that time. . For example, the parties could jointly establish a revocable inter vivos trust for the benefit of their children's educational expenses. See, e.g., Schaeffer v. Schaeffer, 606 So. 2d 369 (Fla. 3d DCA 1992). But cf. Martin v. Martin, 616 So. 2d 158 (Fla. 3d DCA 1993) (trial court erred in ordering marital home sale proceeds to be used as college fund for children if proceeds not reinvested in another home).…
-
Pitts v. Richmond B. Pitts, 626 So. 2d 278 (Fla. 1st DCA 1993)…e unjust or inappropriate to order payment of the guidelines amount, as required by section 61.30, Florida Statutes. Walsh v. Walsh, 600 So. 2d 1222 (Fla. 1st DCA 1992); Touchstone v. Touchstone, 579 So. 2d 826 (Fla. 1st DCA 1991); Martin v. Martin, 616 So. 2d 158 (Fla. 3d DCA 1993). See also Steele v. Steele, 617 So. 2d 736 (Fla. 2d DCA 1993). Section 61.30(l)(a), Florida Statutes, provides: The child support guideline amount as determined by this section presumptively establishes the amount the trier of fa…
-
Chapoteau v. Jean-Rene Chapoteau, 659 So. 2d 1381 (Fla. 3d DCA 1995)…ifferences between the lifestyle and the costs of living in this country and Germany, the trial court must make specific findings, supported by the record, expressing why a variance from the guidelines is appropriate on this basis. Martin v. Martin, 616 So. 2d 158 (Fla. 3d DCA 1993); Walsh v. Walsh, 600 So. 2d 1222 (Fla. 1st DCA 1992). The blanket statement in the judgment is insufficient. Furthermore, the mother’s unemployment, which the court deemed voluntary, does not provide a basis for varying from the…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kelly v. Kelly, 583 So. 2d 667 (Fla. 1991)
- Walsh v. Walsh, 600 So. 2d 1222 (Fla. 1st DCA 1992)
- French v. French, 452 So. 2d 647 (Fla. 4th DCA 1984)
- Touchstone v. Myron Lavelle Touchstone, 579 So. 2d 826 (Fla. 1st DCA 1991)
- Leatherwood v. Sandstrom, 583 So. 2d 390 (Fla. 4th DCA 1991)
- In re the Marriage of William F. Lykens, Jr. v. Lykens, 446 So. 2d 256 (Fla. 5th DCA 1984)