GIA SONGUR, APPELLANT,
v.
ERSAN SONGUR, APPELLEE
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Gia Songur appeals a judgment modifying parental responsibility and time-sharing. The Fifth District reversed the trial court's award of sole educational decision-making authority to the ex-spouse and its imputation of parental income without proper evidentiary basis, but affirmed all other rulings.
The trial court erroneously granted ultimate educational decision-making authority without finding that shared parental responsibility would be detrimental to the child or that sole responsibility is in the child's best interest. The court also erred in imputing income without evidentiary basis or explanation, requiring reconsideration of both issues on remand.
[1] A trial court may not grant ultimate decision-making authority over a child's educational decisions to one parent without a finding that shared parental responsibility wo…
[2] A trial court errs in imputing income to parents for child support calculations without an evidentiary basis or explanation for the imputed amounts.
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Join FLexlaw to unlock all legal intelligence“the trial court erroneously granted ultimate decision-making authority over the eldest minor child's educational decisions to her former husband, Appellee, absent a finding that shared parental responsibility would be detrimental to the child or that ultimate responsibility over the child's educational decisions is in the child's best interest”
Establishes the reversible error regarding sole educational decision-making without required statutory findings
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Join FLexlaw to unlock all legal intelligenceGia Songur and Ersan Songur were involved in a family law proceeding regarding parental responsibility and child support. The trial court granted Ersa…
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Gia Songur timely appeals a Supplemental Final Judgment Modifying Parental *268Responsibility, Visitation- or Parenting Plan / Time-Sharing Schedule and Other Relief and Rulings-on all pending Motions for Contempt. We reverse as to two.issues. First, Appellant is correct that the trial court erroneously granted ultimate decision-making authority over the eldest minor child’s educational decisions to her former husband, Appellee, absent a finding that shared parental responsibility would be detrimental to the child or that ultimate responsibility over the child’s educational decisions is -in the child’s best interest. See § 61.13(2)(c)2.a., Fla. Stat. (2015); see also Henderson v. Henderson, 162 So.3d 203, 207 (Fla. 5th DCA 2015) (applying section 61.13(2)(c)2. and reversing trial court order giving full parental responsibility to one parent without a finding that shared parental responsibility would be detrimental to the child). On remand, the trial court is directed to reconsider this portion of its order. Second, the trial court erred in imputing income to both parents (for purposes of determining child support), without any evidentiary basis for amounts imputed and without any explanation of the basis for these findings. On remand, the trial court should allow the parties to present additional evidence regarding théir respective incomes and determine the appropriate child support amount and starting date based on the statutory guideline's found ih section 61.30, Florida Statutes (2015).
In all other respects, we affirm.
AFFIRMED IN PART; REVERSED IN PART; REMANDED FOR FURTHER PROCEEDINGS.
LAWSON, C.J., EVANDER and LAMBERT, JJ., concur.,
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Citator
Authorities Cited
- Henderson v. Reese J. Henderson, 162 So. 3d 203 (Fla. 5th DCA 2015)
- Cross v. Deutsche Bank Tr. Co., 162 So. 3d 203 (Fla. 5th DCA 2015)