GAYLEN LEE REDDICK, APPELLANT,
v.
BRENDA SUE REDDICK, APPELLEE
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The Florida appellate court affirmed a child support award of $1,100.00, holding that an unsworn child support guidelines worksheet can form the basis for a support award when the opposing party fails to object contemporaneously at trial.
An unsworn child support guideline worksheet can constitute sufficient evidentiary basis for a child support award when the opposing party does not lodge a contemporaneous objection at trial. The husband forfeited his argument by failing to object at the trial court level and cannot raise the issue for the first time on appeal.
[1] An award of child support must be supported by substantial competent evidence in the record.
[2] An unsworn child support guideline worksheet, absent stipulation and subject to contemporaneous objection, cannot alone form the basis for an award of child support.
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Join FLexlaw to unlock all legal intelligence“Unless an unsworn child support guideline worksheet is offered into evidence pursuant to stipulation, and subject to a contemporaneous objection, such worksheet alone cannot form the basis for an award of child support.”
States the general rule that unsworn worksheets are insufficient without stipulation or proper objection procedures
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Join FLexlaw to unlock all legal intelligenceThe trial court awarded $1,100.00 in child support to the wife, relying primarily on the wife's child support guideline worksheet. The wife's counsel …
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COBB, J.
An award of child support must be supported by substantial competent evidence in the record. See Cervoni v. Cervoni, 715 So. 2d 282 (Fla. 3d DCA 1998). We write in this case to clarify what constitutes competent evidence. The husband argues that an award of $1,100.00 in child support is not supported by substantial competent evidence in the record. The trial court relied on the wife’s child support guideline worksheet in awarding this sum.
Florida Family Law Form 12.901(g), effective January 1, 1996, provides, where child support is sought, for preparation of a child support guidelines worksheet. See In re Family Law Rules of Procedure, 663 So. 2d 1049 (Fla.1995). Florida Family Law Rule 12.185 was amended effective March 1, 1998 to require that such worksheet be served on the other party. See In re Amendments to the Florida Family Law Rules, 713 So. 2d 1 (Fla.1998). Thus the rules contemplate preparation of a worksheet by each party. The form provides for a signature line where the party preparing said form signs the document though there is no requirement on the face of the form that it be sworn to. Effective February T, 1998, Florida Family Law Rule 12.285 requires that the worksheet also be filed with the court “so that the court has the benefit of the information when making its decision regarding the appropriate amount of child support to be awarded.” Amendments to the Florida Family Law Rules of Procedure, 723 So. 2d 208 (Fla.1998).
In the absence of a stipulation, and subject to the contemporaneous objection rule, an unsworn statement of fact cannot form the basis for making a factual determination. Simzer v. Simzer, 514 So. 2d 372, 374, n. 1 (Fla. 2d DCA 1987); Leon Shaffer Golnick Advertising, Inc. v. Cedar, 423 So. 2d 1015, 1016-1017 (Fla. 4th DCA 1982). See also Blimpie Capital Venture, Inc. v. Palms Plaza Partners, Ltd., 636 So. 2d 838 (Fla. 2d DCA 1994). Unless an unsworn child support guideline worksheet is offered into evidence pursuant to stipulation, and subject to a contemporaneous objection, such worksheet alone cannot form the basis for an award of child support.
In Hester v. Hester, 705 So. 2d 721 (Fla. 5th DCA 1998), this court held that a child support guidelines worksheet attached to a final judgment may, in the absence of other evidence of record, constitute a sufficient evidentiary basis to sustain an award of child support. There is no indication in that opinion as to whether the worksheet had been sworn to or, if not, whether any objection to its admission had been lodged in the trial court. In the instant ease, the wife’s counsel expressly argued from the worksheet at the hearing without any objection. The husband cannot argue, for the first time on appeal, that the trial court erred in relying on said document.
AFFIRMED.
GRIFFIN, C.J., and PETERSON, J., concur.
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Amendments to the Fla. Fam. Law Rules of Procedure & Fam. Law Forms, 810 So. 2d 1 (Fla. 2000)…ficate of Compliance with Mandatory Disclosure”); and 12.990(a) ("Final Judgment of Simplified Dissolution of Marriage”). . Specifically, we have added an. oath block to form 12.902(e) ("Child Support Guidelines Worksheet”). See Reddick v. Reddick, 728 So. 2d 374 (Fla. 5th DCA 1999). We have also added a certificate of service block to many of the forms. . Two such modifications are based on comments by attorney Henry P. Trawick, Jr. First, we disapprove the rules committee’s proposal to strike much of its…
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Trent L. Smith v. Heidrun Smith, 912 So. 2d 702 (Fla. 2d DCA 2005)…reverse the portion of the final judgment concerning the amount of child support calculated by the trial court. See Stearns v. Smith, 542 So. 2d 460, 461 (Fla. 2d DCA 1989); Sokol v. Sokol, 441 So. 2d 682, 684 (Fla. 2d DCA 1983); Reddick v. Reddick, 728 So. 2d 374, 375 (Fla. 5th DCA 1999). We direct the trial court, on remand, to support any determination of child support obligations with specific findings of record evidence. See Cooper v. Cooper, 760 So. 2d 1048, 1049 (Fla. 2d DCA 2000). Marital Home The t…
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Hindle v. Fuith, 33 So. 3d 782 (Fla. 5th DCA 2010)…nes Worksheet, which would have provided some insight on this issue, was not attached to the final judgment of paternity as the final judgment indicated.3 Child support awards must be supported by substantial competent evidence. Reddick v. Reddick, 728 So. 2d 374 (Fla. 5th DCA 1999). The failure to make adequate findings requires remand for determination of child support. Armour v. McMiller, 15 So. 3d 923, 925 (Fla. 5th DCA 2009); Crouch v. Crouch, 898 So. 2d 177 (Fla. 5th DCA 2005). In making an award of ch…
Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Leon Shaffer Golnick Advertising, Inc. v. Cedar, 423 So. 2d 1015 (Fla. 4th DCA 1982)
- Amendments to the Fla. Fam. Law Rules of Procedure, 723 So. 2d 208 (Fla. 1998)
- In re Fam. Law Rules of Procedure, 663 So. 2d 1049 (Fla. 1995)
- Blimpie Cap. Venture, Inc. v. Palms Plaza P'rs, Ltd., 636 So. 2d 838 (Fla. 2d DCA 1994)
- Amendments to the Fla. Fam. Law Rules, 713 So. 2d 1 (Fla. 1998)
- Cervoni v. Cervoni, 715 So. 2d 282 (Fla. 3d DCA 1998)
- Simzer v. Simzer, 514 So. 2d 372 (Fla. 2d DCA 1987)
- Sandmann v. Gaelen B. Canning, 705 So. 2d 721 (Fla. 5th DCA 1998)
- Hester v. Hester, 705 So. 2d 721 (Fla. 5th DCA 1998)