MICHAEL D. DURHAM, APPELLANT,
v.
DEPARTMENT OF REVENUE, ON BEHALF OF KIMBERLY B. DURHAM, APPELLEE
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The court held that it was error to modify child support without a child support guidelines worksheet.
The trial court modified child support without a required worksheet. The appellant argued this was error.…
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KELLY, Judge.
Michael Durham appeals from a final order of modification of child support. We find merit in Durham’s contention that it was error for the trial court to decide the issue of child support without the benefit of a child support guidelines worksheet.
Florida Family Law Rule of Procedure 12.285Q) provides:
Child Support Guidelines Worksheet. If the case involves child support, the parties shall file with the court at or prior to a hearing to establish or modify child support a Child Support Guidelines Worksheet in substantial conformity with Florida Family Law Rules of Procedure Form 12.902(e). This requirement cannot be waived by the parties.
In this case neither party filed a worksheet, although Durham apparently prepared several worksheets that he referenced during the modification hearing. At oral argument the Department conceded, and we agree, that given the mandatory language of the rule it was error for the trial court to modify Durham’s child support without the benefit of a guidelines worksheet. Accordingly, we reverse the order modifying child support and remand for the trial court to recalculate child support.
Because of our reversal, the parties will necessarily have to provide the trial court with current financial information. Accordingly, it is unnecessary for us to address Durham’s contention that the trial court erred in finding that Kimberly Durham’s gross income was $1600 per month. We have considered Durham’s contention that the trial court erred when it failed to set-off student loan payments from his gross income for the purposes of calculating child support and conclude that it was proper for the trial court to deny the set-off. We also find no merit in Durham’s contention that the trial court erred when it declared that he was in contempt. The trial court never found Durham to be in contempt and, in fact, the trial court dismissed the motion for contempt.
Reversed and remanded.
SALCINES and COVINGTON, JJ., Concur.
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Dep't OF Revenue o/b/o K.A.N. v. A.N.J., 165 So. 3d 846 (Fla. 2d DCA 2015)…court to fail to include a child support guidelines worksheet in a final judgment establishing paternity and child support. Dep’t of Revenue ex rel. R.S.M. v. B.J.M., 127 So. 3d 859, 861 (Fla. 2d DCA 2013); Durham v. Dep’t of Revenue ex rel. Durham, 850 So. 2d 653, 654 (Fla. 2d DCA 2003). And because the requirement for- filing a child support guidelines worksheet is mandatory, reversal is required even if the omission is due to the parties’ failure to comply with the rule. See Durham, 850 So. 2d at 654. Reg…
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Tinoco v. Savannah Leigh Lugo, 342 So. 3d 845 (Fla. 2d DCA 2022)…eet is mandatory, reversal is required even if the omission is due to the parties' failure to comply with the rule." Dep't of Revenue ex rel. K.A.N. v. A.N.J., 165 So. 3d 846, 848 (Fla. 2d DCA 2015) (citing Durham v. Dep't of Revenue ex rel. Durham, 850 So. 2d 653, 654 (Fla. 2d DCA 2003)). Thus, we reverse on this basis as well and direct the trial court to attach a child support guidelines worksheet on remand. Retroactivity Finally, the Father challenges the date to which the trial court applied the child su…
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Nepola v. Nepola, 355 So. 3d 563 (Fla. 4th DCA 2023)…child support guidelines” and recognizing that “[i]t is reversible error for the court to fail to include a child support guidelines worksheet in a final judgment establishing paternity and child support”); Durham v. Dep’t of Revenue ex rel. Durham, 850 So. 2d 653, 654 (Fla. 2d DCA 2003) (holding that where neither party filed the requisite child support guidelines worksheet at or prior to the hearing, trial court erred in modifying child support “without the benefit of a guidelines worksheet”). Whatever lan…
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