LEONARDO SURDO, APPELLANT,
v.
MARIA SURDO, APPELLEE
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BLUE, Chief Judge.
The Former Husband appeals the order denying his motion to correct the final judgment of dissolution of marriage; specifically, he challenges the amount of the court-ordered child support. There is very limited record in this appeal; however, it is evident that the final judgment contains a critical error. The child support guidelines worksheet indicated that the Former Husband’s monthly obligation was $1540. The final judgment contained that amount but imposed it as a weekly obligation.
We reverse the order and remand for an evidentiary hearing. On remand, the Former Husband has the burden of proving that the final judgment was incorrect. If this burden is met, the trial court should then set aside the order under Florida Rule of Civil Procedure 1.540(a) based on a clerical error. Reversed and remanded for an evidentiary hearing.
STRINGER and DAVIS, JJ., Concur.
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LEE v. State, 223 So. 3d 342 (Fla. 1st DCA 2017)…d for his offense.”). Finally, the court relied on Lee’s lack of criminal history. This is not a valid reason for departing because a defendant’s criminal history is considered when calculating his minimum permissible sentence. See State v. Chapman, 805 So. 2d 906, 908 (Fla. 2d DCA 2001); State v. Scaife, 676 So. 2d 1035, 1036 (Fla. 5th DCA 1996). Thus, none of the non-statutory mitigators were permissible considerations in accordance with legislative sentencing policies. As neither the statutory mitigator no…
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State v. Stephenson, 973 So. 2d 1259 (Fla. 5th DCA 2008)…need to support his elderly mother, among other things, was not sufficient reason for downward departure). Likewise, the courts have held that a defendant’s need to support his child is an invalid reason for downward departure. See State v. Chapman, 805 So. 2d 906, 907-OS (Fla. 2d DCA 2001) (holding that fact that defendant’s need to support his child outweighs his need for prison has been rejected as reason for downward departure); State v. Bray, 738 So. 2d 962, 963 (Fla. 2d DCA 1999) (concluding that defend…
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State v. Walker, 923 So. 2d 1262 (Fla. 1st DCA 2006)…ative sentence”); State v. Warren, 629 So. 2d 1014, 1015 (Fla. 4th DCA 1993) (listing the fact that the defendant had an elderly mother who needed his support as one of several insufficient reasons for downward departure); see also State v. Chapman, 805 So. 2d 906, 907-08 (Fla. 2d DCA 2001) (noting the court had previously rejected the defendant’s need to support his child as a reason for a downward departure). Because the only reason set forth by the trial court in support of its decision to downward depart…
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