LEBERT HENRY, APPELLANT,
v.
MARLENE HENRY, APPELLEE
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The court held that the trial court erred in calculating child support based on gross monthly incomes and improperly adding child care costs for which no evidence was presented.
In a dissolution of marriage action, the father appealed the child support award, arguing it was based on gross income and included unsubstantiated ch…
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PER CURIAM.
In this dissolution of marriage action, Lebert Henry appeals the trial court’s adoption of the general master’s determination of the amount of child support. He argues that the amount of child support awarded was erroneously based upon the parties’ gross monthly incomes and upon the addition of child care costs for tuition about which no evidence was introduced. We agree.
Section 61.30, Florida Statutes (2005), provides for the calculation of child support. The statute specifically provides for the use of net monthly income to calculate child support from the table. § 61.30(5), Fla. Stat. (2005). A review of the record shows that the parties’ gross monthly incomes were used instead.
The general master also added child care costs to appellant’s basic child support obligation as provided for in section 61.30(7), Florida Statutes (2005). Ap-pellee, Marlene Henry, testified that she did not incur child care costs. Therefore, the addition of any child care costs was error. We remand to the trial court to determine the parties’ net monthly incomes and to recalculate appellant’s child support obligation.
Reversed and Remanded.
WARNER, KLEIN and HAZOURI, JJ., concur.
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Liguori v. Liguori, 210 So. 3d 117 (Fla. 2d DCA 2016)…n of $195.33 in child care costs was not supported by the record. We agree. Although the former wife included that figure in her financial affidavit, at the final hearing she testified that she no longer had any child care costs. See Henry v. Henry, 921 So. 2d 880, 881 (Fla. 4th DCA 2006) (holding that child care costs should not have been added to the child support obligation where no child care costs were incurred). The former husband also challenges the equitable distribution scheme and parenting plan ado…