STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, AND THELMA M. JOHNSON, APPELLANTS,
v.
RICKY NORMAN, APPELLEE
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PER CURIAM.
This is an appeal from a child support modification order. We conclude that the trial judge erred in departing from the child support guidelines without making a written finding or a specific finding on the record explaining why payment of such guideline amount plus or minus 5 percent would be unjust or inappropriate. § 61.30(l)(a), Fla. Stat. (Supp.1994); Pitts v. Pitts, 626 So. 2d 278 (Fla. 1st DCA 1993); Florida Dep’t of Health and Reh. Serv. v. Bush, 614 So. 2d 32 (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 1991). Accordingly, we reverse that portion of the order which specifies the amount of the child support payments, and we remand for the judge to either make the appropriate finding or order the guideline amount plus or minus 5 percent. In all other respects, the modification order is affirmed.
BARFIELD, KAHN and VAN NORTWICK, JJ., concur.
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State v. Sumblin, 675 So. 2d 691 (Fla. 1st DCA 1996)…in the afternoon. The trial court simply denied modification due to her underemployment. This was error. The child support guidelines are applicable to modification proceedings. See State, Department of Health and Rehabilitative Services v. Norman, 646 So. 2d 846 (Fla. 1st DCA 1994); Jones v. Jones, 636 So. 2d 867 (Fla. 4th DCA 1994). The guidelines may provide the basis for finding a substantial change in circumstances, and the guidelines amount is presumptively the amount the trier of fact shall order in e…
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Gomez v. Gomez, 727 So. 2d 1092 (Fla. 1st DCA 1999)…997), or enter “an amended order which states findings explaining the reasons for departure from the guidelines.” Touchstone v. Touchstone, 579 So. 2d 826, 827 (Fla. 1st DCA 1991); see also State, Dep’t of Health and Rehabilitative Servs. v. Norman, 646 So. 2d 846 (Fla. 1st DCA 1994); Marlin v. Martin, 616 So. 2d 158 (Fla. 3d DCA 1993); State, Dep’t of Health and Rehabilitative Servs. on Behalf of Sherrouse v. Bush, 614 So. 2d 32 (Fla. 1st DCA 1993). Reversed and remanded. VAN NORTWICK and PADOVANO, JJ., CO…
Authorities Cited
- Walsh v. Walsh, 600 So. 2d 1222 (Fla. 1st DCA 1992)
- Pitts v. Richmond B. Pitts, 626 So. 2d 278 (Fla. 1st DCA 1993)
- Touchstone v. Myron Lavelle Touchstone, 579 So. 2d 826 (Fla. 1st DCA 1991)
- State v. Bush, 614 So. 2d 32 (Fla. 1st DCA 1993)