HOWARD ELIAS, APPELLANT,
v.
CINDY ELIAS, APPELLEE
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The trial court erred in declining to apply the child support guidelines when determining temporary child support.
[1] Child support guidelines are the starting point for determining temporary child support orders.
[2] A trial court must apply child support guidelines before deviating from the guideline amount.
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Join FLexlaw to unlock all legal intelligenceThe husband appealed a non-final order on temporary child support in a dissolution proceeding. The trial court concluded neither party needed to pay c…
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Howard Elias, the husband, appeals a non-final order on temporary child support in his pending dissolution of marriage proceeding. This court has jurisdiction pursuant to rule 9.130(a)(3)(C)(iii)a. We reverse.
In determining that neither party needed to pay child support to the other, the trial court concluded that the wife’s annual income of over $1 million allowed her to provide for most of the children’s needs by direct payments to vendors and providers, as she volunteered to do. The court treated any expenditures on the parties’ three minor children made by the husband, who enjoys fifty-percent time-sharing, as largely incidental. Over his objection, the trial court declined to apply the child support guidelines contained in section 61.30, Florida Statutes (2014);. This was error.
The guidelines are the starting point for determining temporary child support, just as they are for final child support orders. § 61.30(l)(a), Fla. Stat. (2014) (“The child support guideline amount as determined by this section presumptively establishes the amount the trier of fact shall order as child support. This requirement applies to any living arrangement, whether temporary or permanent.”); Migliore v. Migliore, 792 So.2d 1276, 1277 (Fla. 4th DCA 2001); Hauser v. Hauser, 778 So.2d 309, 310 (Fla. 1st DCA 2000); Burkhart v. *302 Burkhart, 620 So.2d 225, 226 (Fla. 1st DCA 1993).
After calculating a guideline amount based on each parent’s net monthly income and the children’s need for support, the trial court may deviate from the guideline amount based on a variety of factors. § 61.30(l)(a), (11), Fla. Stat. (2014). But child support pursuant to the guidelines must be determined before the trial court deviates. See generally Finley v. Scott, 707 So.2d 1112, 1117 (Fla.1998); Crouch v. Crouch, 898 So.2d 177, 180-81 (Fla. 5th DCA 2005).
On remand we direct the trial court to follow the statutory procedure.
Reversed and remanded.
CIKLIN, C.J., WARNER and STEVENSON, JJ., concur.
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Ziruolo v. Ziruolo, 217 So. 3d 1170 (Fla. 1st DCA 2017)…1.30, Florida Statutes. Because the trial court failed to apply these child support guidelines, we reverse and remand for further findings as to the proper amount of support. Hauser v. Hauser, 778 So. 2d 309, 310 (Fla. 1st DCA 2000); Elias v. Elias, 168 So. 3d 301, 302 (Fla. 4th DCA 2015). Attorneys’ Fees We review a trial court’s award of attorneys’ fees in a dissolution of marriage case under the abuse of discretion standard. Keena v. Keena, 245 So. 2d 665 (Fla. 1st DCA 1971). In dissolution cases, the st…
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Meldrum v. Bergamo-Meldrum, 281 So. 3d 504 (Fla. 4th DCA 2019)…3d 961, 961 (Fla. 4th DCA 2010) (quoting Bolton v. Bolton, 898 So. 2d 1084, 1084 (Fla. 4th DCA 2005)). To make that determination, the law requires the court to make a finding of net income when fashioning temporary relief. See Elias v. Elias, 168 So. 3d 301, 302 (Fla. 4th DCA 2015); see also Bengisu v. Bengisu, 12 So. 3d 283, 286 (Fla. 4th DCA 2009) (reversing and remanding where “the trial court failed to make specific findings indicating the source and amount of husband’s imputed income” (citation…
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Jene Velasco v. Solley (Fla. 4th DCA 2023)…al court mathematically erred in calculating support. We affirm on all other issues without comment. The child support guidelines are the starting point for determining temporary support, just as they are for final support orders. Elias v. Elias, 168 So. 3d 301, 301 (Fla. 4th DCA 2015) (citations omitted). The guidelines first require the trial court to calculate the parties’ gross monthly incomes. § 61.30(2), Fla. Stat. (2022). Net monthly income for each parent is then determined by subtracting statut…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Geri E. Finley v. Scott, 707 So. 2d 1112 (Fla. 1998)
- Crouch v. Crouch, 898 So. 2d 177 (Fla. 5th DCA 2005)
- Burkhart v. Jeri Lynn Burkhart, 620 So. 2d 225 (Fla. 1st DCA 1993)
- Migliore v. Migliore, 792 So. 2d 1276 (Fla. 4th DCA 2001)
- Long Van Nguyen & Fla. Title Co. v. J.D. Buffkin, Jr., 778 So. 2d 309 (Fla. 1st DCA 2000)