RICHARD WILLIAMS, APPELLANT,
v.
LAUREN LUTRARIO, APPELLEE

Fla. 4th DCA | 2012-02-29
No. 4D10-4672
GROSS, CIKLIN and LEVINE, JJ„ concur.
81 So. 3d 589 Florida District Court of Appeal, Fourth District (2012) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the final judgment of paternity in all respects but two. The judgment failed to give the father credit for $850 in child support payments, and on remand, in an amended final judgment, that amount should be set off against the child support arrearages. Next, although the court awarded the father the IRS income tax exemption in “odd-numbered calendar years,” the judgment should indicate that the mother, the custodial parent, is required to execute a waiver of the dependency exemption, only if the father “is current in support payments.” § 61.30(11)(a)(8), Fla. Stat. (2011); Salazar v. Salazar, 976 So.2d 1155, 1158 (Fla. 4th DCA 2008).

Reversed and remanded.

GROSS, CIKLIN and LEVINE, JJ„ concur.

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  • Williams v. Lutrario, 131 So. 3d 801 (Fla. 4th DCA 2013)
    …support payments. We also remanded with instructions that the final judgment of paternity be amended to require the mother to execute a waiver of the dependency exemption only if the father “is current in support payments.” See Williams v. Lutrario, 81 So. 3d 589, 589 (Fla. 4th DCA 2012). Consistent with our instructions, the trial court entered an amendment to the final judgment of paternity which gave the father credit for the $850 in child support and added the following language to the final judgment: “…
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