ASHLEY R. POLLOW, APPELLANT,
v.
JEAN D. POLLOW, APPELLEE
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In this dissolution of marriage case, the Florida Fourth District Court of Appeal affirmed the trial court's child support award of $2,500 per month but reversed the portion requiring the father to pay $1,800 monthly in private school tuition, finding that ordering him to pay 78% of his monthly income for child support constituted an abuse of discretion.
The court affirmed the $2,500 monthly child support award as a justified deviation from guidelines based on extraordinary mental health expenses, but reversed the private school tuition award as an abuse of discretion because it required Appellant to pay 78% of his monthly income for child support and was unsupported by imputed additional income.
[1] A trial court may increase child support by up to 5% from the guideline amount without written reasons.
[2] A trial court may deviate more than 5% from child support guidelines only upon a written or specific on-the-record finding explaining why the guideline amount would be un…
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Join FLexlaw to unlock all legal intelligence“The trier of fact may order payment of child support in an amount which varies more than 5 percent from such guideline amount only upon a written finding, or a specific finding on the record, explaining why ordering payment of such guideline amount would be unjust or inappropriate.”
Establishes the statutory requirement for deviations from child support guidelines
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe trial court found that Appellant's monthly income was $5,500 and Appellee's was $750. The court ordered Appellant to pay $2,500 per month in child…
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PER CURIAM.
We reverse a final judgment for dissolution finding error only as to that portion of the judgment relating to payment of private school tuition. In all other respects, we affirm.
Although Appellant’s monthly income was disputed, the trial court found that his income is $5,500 per month and Appellee’s is $750. Based on this finding, the court ordered that Appellant pay child support of $2,500 per month plus private school tuition, health insurance, and two-thirds of uninsured medical expenses.
When the child support guideline amount is calculated based on $5,500 income, the father’s share of the guideline amount is $2,205.28. The court may increase that amount by 5% without written reasons. § 61.30(l)(a), Fla. Stat. (1995). With the 5% increase, Appellant’s share of child support would be $2,315.54. The trial court has addi tional authority to increase the amount by making written findings explaining the deviation. Section 61.30(l)(a) provides:
The trier of fact may order payment of child support in an amount which varies more than 5 percent from such guideline amount only upon a written finding, or a specific finding on the record, explaining why ordering payment of such guideline amount would be unjust or inappropriate.
Additionally, section 61.30(ll)(a), Florida Statutes states that the court may adjust the award based on “extraordinary medical, psychological, educational or dental expenses.” Here, the court supported the deviation, stating, “The Court has adjusted monthly child support due to the extraordinary condition of the children’s mental health needs and the family history.” Thus, the award of $2,500 per month is affirmed.
Appellant also argues that the trial court erred by ordering him to pay $1,800 a month in private school tuition in addition to the support. Private educational expenses may be awarded only where the non-custodial parent has the ability to pay for that private school. Wilson v. Wilson, 559 So. 2d 698 (Fla. 1st DCA 1990). Here, awarding private school tuition has the effect of ordering Appellant to pay 78% of his monthly income for child support. We hold that the award constitutes an abuse of discretion. We recognize that the tuition order is supportable based on Appellant’s past earning ability. However, the trial court did not impute additional income to Appellant, and our consideration is limited to the court’s fact-based finding as to his present income. We remand for support modification removing Appellant’s obligation to pay private school tuition. As to the other issues raised, including custody issues, we find no reversible error has been demonstrated, and affirm.
STONE, C.J., and STEVENSON and SHAHOOD, JJ., concur.
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Angeline Alois v. Alois, 937 So. 2d 171 (Fla. 4th DCA 2006)…ol year, plus half of the annual registration fees. Despite the parties’ tradition of sending their children to private school, the issue is how much, if anything, the non-custodial parent can afford to spend on private school. See Pollow v. Pollow, 712 So. 2d 1235, 1236 (Fla. 4th DCA 1998) (“Private educational expenses may be awarded only where the non-custodial parent has the ability to pay for that private school.”); Todesco v. Todesco, 583 So. 2d 774, 775 (Fla. 4th DCA 1991) (same). Here, the record revea…
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Kaiser v. Harrison, 985 So. 2d 1226 (Fla. 5th DCA 2008)…t erred in ordering that he pay 57% of the child’s private school expenses. This court reviews for an abuse of discretion a trial court’s order that the noncustodial parent pay private educational expenses as part of child support. Pollow v. Pollow, 712 So. 2d 1235, 1236 (Fla. 4th DCA 1998) (reversing obligation that noncustodial parent pay, in addition to child support, $1800 in monthly private school tuition). The court calculated the 2005 child support utilizing each party’s gross income as disclosed in th…1 / 2
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Boulos v. Rubio (Fla. 3d DCA 2022)…al court conducted an evidentiary hearing on Former Wife’s motion and subsequently entered the detailed order that Former Husband challenges in this appeal. We review the order on appeal under an abuse of discretion standard, Pollow v. Pollow, 712 So. 2d 1235, 1236 (Fla. 4th DCA 1998), and we are 3 compelled to affirm if the trial court’s factual findings are supported by competent substantial evidence. See Lane v. Lane, 254 So. 3d 570, 574 (Fla. 3d DCA 2018). We conclude that the trial court ma…
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- Segarra v. State, 559 So. 2d 698 (Fla. 3d DCA 1990)