KIM M. VALDES, FORMER WIFE, APPELLANT,
v.
ROBERT W. VALDES, JR., FORMER HUSBAND, APPELLEE
KIM M. VALDES, FORMER WIFE, APPELLANT,
ROBERT W. VALDES, JR., FORMER HUSBAND, APPELLEE
6 So. 3d 731
Florida District Court of Appeal, First District (2009)
Positive Treatment
Cited by 6 cases
Opinion of the Court
The former wife appeals a final judgment of dissolution of marriage. We reverse the child support award. If a trial court does not articulate findings regarding the actual or adjusted income of the parties, this Court cannot determine whether a child support award is within the guidelines. We remand for the trial judge to calculate the child support in accordance with the statutory guidelines set forth in section 61.30, Florida Statutes. See Smith v. Smith, 996 So.2d 924, 926 (Fla. 1st DCA 2008). The remaining issues on appeal are affirmed without further discussion.
AFFIRMED in part, REVERSED in part, and REMANDED for proceedings consistent with this opinion.
HAWKES, C.J., LEWIS, and THOMAS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wilcox v. Munoz, 35 So. 3d 136 (Fla. 2d DCA 2010)…rcentage share. § 61.30(10). It is well-settled that a trial court errs by failing to make findings of fact regarding the parties’ incomes when determining child support. See Guida v. Guida, 870 So. 2d 222, 225 (Fla. 2d DCA 2004); Valdes v. Valdes, 6 So. 3d 731, 732 (Fla. 1st DCA 2009); Todd v. Guillaume-Todd, 972 So. 2d 1003, 1007 (Fla. 4th DCA 2008). This is because findings regarding the parties’ incomes are necessary for a determination of whether the support ordered departed from the guidelines and, i…
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Wells v. Tarshicka Maranda Whitfield, 175 So. 3d 926 (Fla. 1st DCA 2015)…findings, we are unable to meaningfully review the child support obligation established by the trial court to determine whether it is within the guidelines or whether it is a legally permissible deviation from the guidelines.2 See Valdes v. Valdes, 6 So. 3d 731, 732 (Fla. 1st DCA 2009); Karimi v. Karimi, 867 So. 2d 471, 473-74 (Fla. 5th DCA 2004). Accordingly, we reverse the amended final judgment and remand for the trial court to make specific findings indicating how it arrived at the amount of the fathe…
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Anderson v. State of Fla. Dep't OF Revenue o/b/o Brittany Simone Davis, 202 So. 3d 966 (Fla. 1st DCA 2016)…irst, it is unclear why appellant’s counsel believes the income deduction order should have included a finding that appellant had the ability to pay. An order imposing child support must include a finding on the ability to pay. See Valdes v. Valdes, 6 So. 3d 731, 732 (Fla. 1st DCA 2009) (“If a trial court does not articulate findings regarding the actual or adjusted income of the parties, this Court cannot [*971] determine whether a child support award is within the guidelines.”). However, the order that im…
Authorities Cited
- Smith v. Smith, 996 So. 2d 924 (Fla. 1st DCA 2008)