SYLVESTER WARREN, JR., APPELLANT,
v.
CARYN R. WARREN, APPELLEE
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The court affirmed the trial court's time-sharing schedule but reversed and remanded the child support award because the trial court made findings based on evidence not in the record.
A child support award must be reversed and remanded when the trial court's findings regarding income and expenses are based on evidence not presented in the record before the court.
[1] A child support award must be supported by competent substantial evidence in the record; findings based on evidence not presented to the court require reversal and remand…
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Join FLexlaw to unlock all legal intelligenceSylvester Warren, Jr. challenged multiple orders from the trial court, including those setting child support and establishing a parenting plan in a cu…
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Sylvester Warren, Jr., the Former Husband, challenges the order setting child support, the order on rule to show cause, the order establishing parenting plan, the order granting motion for clarification and/or rehearing, and the order denying Former Husband’s motion for rehearing and/or new trial. We affirm the orders as they relate to the trial court’s setting of a time-sharing schedule as part of the modification of the custody arrangement without further comment. We reverse that portion of the trial court’s order setting child support which made findings related to income and expenses that both parties concede were based on evidence not before the court. This concession is supported by the statement of facts prepared and submitted to this court in lieu of transcripts in the record on appeal pursuant to Florida Rule of Appellate Procedure 9.200(b)(4). Therefore we reverse and remand for further proceedings on the issue of modification of child support because competent substantial evidence supporting the award does not exist in the record before this court. See generally G.S.P. v. K.B., 30 So.3d 667, 669 (Fla. 2d DCA 2010).
Affirmed in part, reversed in part, and remanded.
SILBERMAN, C.J. and CASANUEVA, J., Concur.
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Citator
Cited By
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Hoffman v. Melodie Joy Hoffman, 98 So. 3d 196 (Fla. 2d DCA 2012)…hly income is the equivalent of earning in the U.S. $3,000 per month. Child support awards must be based upon competent, substantial evidence of a party’s net income. Vanzant v. Vanzant, 82 So. 3d 991, 993 (Fla. 1st DCA 2011); see Warren v. Warren, 84 So. 3d 461, 461 (Fla. 2d DCA 2012). Here, there is no evidence in the record supporting the trial court’s “pro rata ratio-type” determination that the former husband’s monthly income was $3000. Nor is there any indication that the court imputed income to the f…
Authorities Cited
- G.S.P. v. K.B., 30 So. 3d 667 (Fla. 2d DCA 2010)