JORGE NUNEZ, APPELLANT,
v.
MARGIE E. NUNEZ, APPELLEE
PER CURIAM.
Jorge Nunez appeals a final dissolution judgment that dissolves his marriage to Margie Nunez, equitably distributes their assets and liabilities, and awards child support. Mr. Nunez contends that in awarding child support, the trial court erred in imputing about $70 per month of income to him without setting forth findings of facts upon which it based the imputation. The final judgment recites the following in support of the child support award:
3. That for child support calculation purposes, the husband’s imputed income is 50% of total net income of $2,580....
Because this finding fails to meet the requirements of subsection 61.30(2)(b), Florida Statutes (1991), we reverse the award of child support and remand this cause for entry of the findings required by statute to support any imputation of income. Wollsch- lager v. Veal, 601 So. 2d 274 (Fla. 1st DCA 1992); Neal v. Meek, 591 So. 2d 1044 (Fla. 1st DCA 1991); Levine v. Best, 595 So. 2d 278 (Fla. 3d DCA 1992).
AFFIRMED in part, REVERSED and REMANDED in part.
ZEHMER, C.J., and KAHN and VAN NORTWICK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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LEE v. LEE, 751 So. 2d 741 (Fla. 1st DCA 2000)…efforts; this determination assumes the party has chosen to earn less and has the ability to remedy the situation). It is error for a court to impute income without making the necessary findings under section 61.30(2)(b). See, e.g., Nunez v. Nunez, 646 So. 2d 290 (Fla. 1st DCA 1994) (findings failed to meet requirements of section 61.30(2)(b) so as to justify imputation of income); Vitek v. Vitek, 661 So. 2d 965 (Fla. 5th DCA 1995) (reversing order in which court imputed income to wife without making necessa…
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Strickland v. Strickland, 680 So. 2d 612 (Fla. 1st DCA 1996)…e parties. Further, remand is also necessary for the lower court to make findings of fact to support its decision to impute income to the appellant for the purpose of establishing the award of child support under the guidelines. See, Nunez v. Nunez, 646 So. 2d 290 (Fla. 1st DCA 1994). We find the remaining issues raised by appellant to be without merit. REVERSED and REMANDED for entry of a corrected opinion. BOOTH, JOANOS and VAN NORTWICK, JJ., concur.…
Authorities Cited
- Levine v. Best, 595 So. 2d 278 (Fla. 3d DCA 1992)
- Neal v. Meek, 591 So. 2d 1044 (Fla. 1st DCA 1991)
- Wollschlager v. Alisa C. Veal, 601 So. 2d 274 (Fla. 1st DCA 1992)