ANDRE WATERS, APPELLANT/CROSS-APPELLEE,
v.
TINA BLAND, APPELLEE/CROSS-APPELLANT; TINA BLAND, APPELLANT, V. ANDRE WATERS, APPELLEE

Fla. 2d DCA | 2006-08-11
Nos. 2D03-3523, 2D04-5246, 2D04-2349
ALTENBERND and VILLANTI, JJ., Concur.
935 So. 2d 1239 Florida District Court of Appeal, Second District (2006) Positive Treatment
Cited by 2 cases


Opinion of the Court
CASANUEVA, Judge.

CASANUEVA, Judge.

In this appeal involving primary residential responsibility for a minor child, the parties have raised a number of issues, only one of which has merit. In her cross-appeal in case number 03-3523, Ms. Bland contends that the trial court erred by failing to consider child care expenses when it fashioned the child support award. We agree.

Section 61.30(7), Florida Statutes (2002), mandates that child care costs incurred due to a parent’s employment or job search be adjusted and included in the child support calculation. Ms. Bland had been employed in Arizona but was required to return to Florida with the child; the record suggests that she will continue to be employed in Florida. On remand, the trial court must determine whether Ms. Bland meets the statutory criteria and, if so, calculate the appropriate child support award. If the evidence discloses that the child is being cared for by a family member, the trial court should make the necessary factual findings to support that conclusion.

Affirmed in part; reversed in part; remanded with instructions.

ALTENBERND and VILLANTI, JJ., Concur.


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Cited By

  • C.J.E. v. S.D.A., 79 So. 3d 229 (Fla. 2d DCA 2012)
    …ace of the judgment in the trial court’s failure to properly factor in child care costs). Accordingly, we reverse and remand for the court to recalculate child support after including the child care costs incurred by the mother. See Waters v. Bland, 935 So. 2d 1239 (Fla. 2d DCA 2006) (reversing child support award and remanding for trial court to address child care costs). Reversed and remanded. VILLANTI and BLACK, JJ., Concur.…

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