SCOTT CHRISTOPHER WEAVER, APPELLANT,
v.
BETHANY ANN WEAVER, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Former Husband appealed a final judgment dissolving his marriage, challenging the allocation of uncovered medical expenses for the parties' three minor children and the time-sharing schedule. The appellate court agreed that uncovered medical expenses must be allocated proportionally to the child support obligation rather than equally, and reversed that portion of the judgment while affirming all other aspects.
Uncovered medical, vision, and dental expenses must be allocated in the same percentage as the child support obligation under Florida Statute § 61.30(8). The trial court erred in ordering equal (50/50) allocation of these expenses when the basic child support obligation was allocated unequally.
[1] Uncovered medical, dental, and vision expenses for a child must be allocated between parents in the same percentage as their respective child support obligations, absent…
[2] A party abandons an appellate issue by failing to address it in the argument section of their brief, even if it is raised in the issue statement.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“any noncovered medical, dental, and prescription medication expenses of the child, shall be added to the basic obligation unless these expenses have been ordered to be separately paid on a percentage basis”
Establishes the statutory requirement under Florida law for allocating uncovered medical expenses
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceScott and Bethany Weaver were married with three minor children. The trial court ordered each party to be equally responsible (50% each) for uncovered…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Child Support Guidelines cases and more on FLexlaw
Scott Christopher Weaver (the Former Husband) appeals the final judgment that dissolved his marriage to Bethany Ann Weaver (the Former Wife). There is no cross-appeal. On appeal, the Former Husband raises three issues. First, the Former Husband argues that the trial court erred in allocating uncovered medical, vision, or dental expenses for the parties’ three minor children equally between the parties instead of in accordance with the parties’ respective shares of the child support obligation. The remaining two issues raised by the Former Husband concern the time-sharing (visitation) schedule established by the trial court. We agree with the Former Husband that the trial court erred in allocating financial responsibility for the uncovered medical expenses for the parties’ three minor children, and we reverse that portion of the final judgment. The two issues raised by the Former Husband concerning the time-sharing schedule are without merit and do not warrant further discussion.
The Former Wife properly concedes that the allocation of the uncovered medical expenses is in error and that the final judgment should be corrected to allocate the uncovered medical expenses in accordance with the child support guidelines. Section 61.30(8), Florida Statutes (2010), provides, in pertinent part, that “any noncovered medical, dental, and prescription medication expenses of the child, shall be added to the basic obligation unless these expenses have been ordered to be separately paid on a percentage basis.” If, as in this case, such expenses have been ordered to be separately paid, “absent some logically established rationale in the final judgment to the contrary, [they] must be allocated in the same percentage as the child support allocation.” Zinovoy v. Zinovoy, 50 So.3d 763, 764-65 (Fla. 2d DCA *10302010); see also Wilcox v. Munoz, 35 So.3d 136, 141 (Fla. 2d DCA 2010) (“It is error for the court to equally divide the noncov-ered medical, dental, and prescription medication expenses when the court arrives at an unequal percentage share of child support.”); O’Byrne v. Miller, 965 So.2d 316, 317-18 (Fla. 2d DCA 2007) (noting same).
Here, the trial court did not add the uncovered medical expenses to the basic child support obligation when calculating each parties’ share of the child support obligation. Instead, the trial court ordered that each party “be equally responsible (50% each) for any and all uncovered medical, vision, or dental expenses related to the minor children, including psychiatric care and medicines that are uncovered by their insurance provider.” This was error because any uncovered medical expenses should have been “allocated in the same percentage as the child support allocation.” Zinovoy, 50 So.3d at 764-65. In this case, the uncovered expenses should have been allocated 19.45% to the Former Husband and 80.55% to the Former Wife.
In his issue statement concerning the allocation of the uncovered medical expenses, the Former Husband also made a perfunctory reference to the allocation of the parenting coordinator fees. However, the Former Husband did not address this issue in the body of his argument. For this reason, we deem any issue concerning the trial court’s allocation of responsibility for payment of the parenting coordinator fees to be abandoned. See Fla. R.App. P. 9.210(b)(5) (providing that an initial brief shall include “[a]rgument with regard to each issue including the applicable appellate standard of review”); Mendoza v. State, 87 So.3d 644, 663 n. 16 (Fla.2011).
For the foregoing reasons, we reverse the final judgment of dissolution of marriage to the extent that it allocates equally between the parties responsibility for payment of uncovered medical, vision, or dental expenses for the parties’ minor children. On remand, the trial court shall amend the final judgment to allocate these expenses in accordance with the parties’ respective shares of the child support obligation. In all other respects, we affirm the final judgment of dissolution of marriage.
Affirmed in part, reversed in part, and remanded.
ALTENBERND and CRENSHAW, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
D.H. and L.H. v. Adept Cmty. Servs., Inc., 217 So. 3d 1072 (Fla. 2d DCA 2017)…n ad li-tem” in section 95.051(l)(h) means only a guardian ad litem legally authorized to file suit on the minor's behalf, Because that argument has not been raised by the twins in this appeal, we are unable to resolve it here. See Weaver v. Weaver, 95 So. 3d 1029, 1030 (Fla. 2d DCA 2012); I.R.C. v. State, 968 So. 2d 583, 588 (Fla. 2d DCA 2007). We express no views on its merits other than to note that it presents a difficult question of first impression to be resolved in a case where it has been presented to…
-
Julia v. Julia, 263 So. 3d 795 (Fla. 4th DCA 2019)…established rationale” for the disparate collateral support percentages. Otherwise, the trial court must allocate the collateral child support expenses in the same percentage as the regular child support allocation. See Weaver v. Weaver, 4 95 So. 3d 1029, 1030 (Fla. 2d DCA 2012) (“On remand, the trial court shall amend the final judgment to allocate these expenses in accordance with the parties’ respective shares of the child support obligation.”). 4. Mortgage Payments Consideration The fo…
-
In re Guardianship OF Robert E. Beck v. Berschback, 204 So. 3d 143 (Fla. 2d DCA 2016)…s. II. Mr. Kemp and Mr. Chlipala have not raised any issue concerning the trial court’s disposition of their claim for unjust enrichment. See Fla. R. App. P, 9.210(b)(5) (requiring parties to brief each appellate issue); see also Weaver v. Weaver, 95 So. 3d 1029, 1030 (Fla. 2d DCA 2012) (deeming unbriefed issues abandoned). We therefore address only whether section 744.108(1) authorizes an award of fees and costs associated with an emergency temporary guardianship where, as here, there is ultimately no judi…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wilcox v. Munoz, 35 So. 3d 136 (Fla. 2d DCA 2010)
- Marbel Mendoza v. State, 87 So. 3d 644 (Fla. 2011)
- Zinovoy v. Zinovoy, 50 So. 3d 763 (Fla. 2d DCA 2010)
- O'Byrne v. Miller, 965 So. 2d 316 (Fla. 2d DCA 2007)