STATE OF FLORIDA, DEPARTMENT OF REVENUE, BY AND ON BEHALF OF LAQUITA JONES, APPELLANT,
v.
MARVIN JONES, APPELLEE
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PER CURIAM.
In this appeal from a child support enforcement order, the Department of Revenue contends the trial court erred in crediting against child support arrearages certain payments the father made directly on behalf of the minor child. We agree that the trial court erred in crediting appellee for amounts expended on Christmas gifts for the child and for the summer months in which the child visited with the father. See Department of Revenue v. Kiedaisch, 670 So. 2d 1058 (Fla. 2d DCA 1996); Raybuck v. Raybuck, 451 So. 2d 540 (Fla. 2d DCA 1984). The remaining amounts can be viewed as being in substantial compliance with the support order, however, and we find no abuse of discretion in crediting appellee for those sums, which total $984. See generally Department of Revenue v. Kiedaisch, 670 So. 2d 1058 (Fla. 2d DCA 1996); Montante v. Montante, 627 So. 2d 554 (Fla. 4th DCA 1993).
REVERSED and REMANDED for entry of an order crediting appellee with $984, rather than $2189, against the arrearage of $4050.
JOANOS, WOLF and VAN NORTWICK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dep't OF Revenue v. Soto, 28 So. 3d 171 (Fla. 1st DCA 2010)…es. Montante v. Montante, 627 So. 2d 554 (Fla. 4th DCA 1993) (holding no credit should be given for payments which did not constitute a support obligation paid for a child’s necessities); see also Dep’t of Revenue by and on behalf of Jones v. Jones, 689 So. 2d 1264 (Fla. 1st DCA 1997) (holding gifts purchased for Christmas could not be considered support payments in compliance with the support order); Goldman v. Goldman, 529 So. 2d 1260 (Fla. 8d DCA 1988) (holding payments made for the benefit of a child may n…
Authorities Cited
- Sherl Lanette Raybuck v. Raybuck, 451 So. 2d 540 (Fla. 2d DCA 1984)
- Revitz v. Terrell, 627 So. 2d 554 (Fla. 3d DCA 1993)
- State v. Kiedaisch, 670 So. 2d 1058 (Fla. 2d DCA 1996)