DANIEL J. DEVEREAUX, APPELLANT,
v.
PATRICIA L. DEVEREAUX, APPELLEE
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The court held that the trial court erred in calculating child support in a split custody situation by failing to apply the proper method outlined in Gingola.
In a dissolution of marriage case with split custody, the father was ordered to pay child support for one child, but no support was ordered from the m…
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BLUE, Acting Chief Judge.
Daniel J. Devereaux appeals the final judgment of dissolution of marriage and challenges the child support calculations. We reverse and remand for recalculation of the child support.
In this ease, each parent has income and each has custody of one of the parties’ two children, a split custody situation. The general approach for setting child support in a spilt custody ease is “the trial court first determines the total child support obligation and each child’s share of that obligation. Thereafter, the court determines the method of parental payment that gives each child his or her share while assuring that each parent pays no more than the proper percentage of the total support.” Gingola v. Velasco, 668 So. 2d 1054, 1054 n. 1 (Fla. 2d DCA 1996); see also Winters v. Katseralis, 623 So. 2d 613 (Fla. 2d DCA 1993).
The final judgment directed the father to pay $348 for child support of the child in the mother’s custody, but makes no mention of any amount of support to be paid by the mother. Although the final judgment specifically recognizes Gingola, it is clear from the amount of child support set that the calculations required by Gingola were not applied.
Accordingly, we reverse and remand with directions for the child support to be calculated in accordance with Gingola.
QUINCE and CASANUEVA, JJ., concur.
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McKENNA v. McKENNA, 31 So. 3d 890 (Fla. 4th DCA 2010)…ld support guidelines set forth in section 61.30, Florida Statutes, do not address a split custody situation, where, as here, both parties earn income, it is an abuse of discretion not to award both parties child support. See Devereaux v. Devereaux, 710 So. 2d 1043 (Fla. 2d DCA 1998) (holding that in a split custody case where each parent had income and the father was ordered to pay support for the child in the mother’s custody, the trial court should have also required the mother to pay child support for the…
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Mauricio A. Arze v. Soheila Sadough-Arze, 789 So. 2d 1141 (Fla. 4th DCA 2001)…ime. The court determined that after factoring time into the equation, it would have been more appropriate to require Johnson to pay Jones some child support. Id. (citing Clarke v. Clarke, 619 So. 2d 1046 (Fla. 5th DCA 1993); Devereaux v. Devereaux, 710 So. 2d 1043 (Fla. 2d DCA 1998); Brock v. Brock, 695 So. 2d 744 (Fla. 1st DCA 1997); Gingola v. Velasco, 668 So. 2d 1054 (Fla. 2d DCA 1996), Winters v. Katseralis, 623 So. 2d 613 (Fla. 2d DCA 1993)). In this case, the Husband picks the child up from school on T…
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Jones v. Johnson, 747 So. 2d 1066 (Fla. 5th DCA 2000)…ss per month than he does, and has custody of the child an equal amount of the time. When time is factored into the equation, it would have been more appropriate to require Johnson to pay Jones some child support. See Clarke; Devereaux v. Devereaux, 710 So. 2d 1043 (Fla. 2nd DCA 1998); Brock v. Brock, 695 So. 2d 744 (Fla. 1st DCA 1997); Gingola v. Velasco, 668 So. 2d 1054 (Fla. 2nd DCA 1996), Winters v. Katseralis, 623 So. 2d 613 (Fla. 2nd DCA 1993). AFFIRMED in part, REMANDED to reconsider child support awar…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Winters v. Nadya Katseralis, 623 So. 2d 613 (Fla. 2d DCA 1993)
- Gingola v. Velasco, 668 So. 2d 1054 (Fla. 2d DCA 1996)