THERESA K. FAIRCLOTH, APPELLANT,
v.
JOE RICHARD FAIRCLOTH, APPELLEE

Fla. 1st DCA | 2000-05-10
No. 1D00-306
Barfield, C.J., Kahn, J., Davis, J.
756 So. 2d 1120 Florida District Court of Appeal, First District (2000)

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Synopsis

The court affirmed the trial court's temporary spousal support award but reversed and remanded the child support award because the general master incorrectly calculated support for one child instead of two.


Holding

The trial court did not abuse its discretion in awarding temporary spousal support, but must recalculate temporary child support using the two-children column of the child support guidelines rather than the one-child column.


Headnotes

[1] Child support must be calculated using the appropriate number-of-children column in the statutory guidelines, and a general master's error in applying the wrong column re…

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Facts & Procedural History

Theresa K. Faircloth appealed a temporary order setting temporary spousal and child support in her divorce from Joe Richard Faircloth. The parties hav…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant Theresa K. Faircloth (“wife”) appeals to this court a temporary order setting temporary spousal and child support. The wife asserts that the general master and subsequently the trial court abused their discretion, by awarding an inadequate amount of temporary spousal support, failing to consider tax implications of the spousal support, and awarding an inadequate amount of temporary child support. We conclude that there is no merit to the first two arguments, but it appears from the record provided to this court that although the parties have two minor children 1 entitled to child support, the general master calculated child support based upon the one-child column in the child support guidelines rather than the two-children column. See § 61.30(6), Fla. Stat. (1999). The trial court subsequently adopted the amount of temporary child support awarded by the general master in its temporary order. We therefore reverse and remand only as to the third issue so that the trial court may reconsider the amount of temporary child support ordered.

AFFIRMED in part; REVERSED and REMANDED in part with directions.

BARFIELD, C.J., KAHN and DAVIS, JJ., CONCUR. . Twins Sarah E. Faircloth and Allison A. Faircloth, born July 12, 1989.


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