ELIZABETH B. MCWILSON, APPELLANT,
v.
GARY J. MCWILSON, APPELLEE
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Florida appellate court reversed and remanded child support calculation because the gross income figures on the worksheet did not match the parties' financial affidavits and visitation travel expenses were inequitably allocated without adequate findings.
The trial court's child support award must be reversed and remanded because the gross income used on the guidelines worksheet did not match the parties' financial affidavits and visitation travel expenses were allocated without proper findings.
[1] Child support awards must be calculated in accordance with section 61.30, Florida Statutes, and when gross income figures on the guidelines worksheet do not match the par…
[2] Visitation travel expenses in child support cases must be allocated in the same ratio as other child care expenses unless the trial court makes specific findings explaini…
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Join FLexlaw to unlock all legal intelligence“Visitation travel expenses should be allocated 'in the same guidelines ratio as govern[s] allocation of the other child care expenses, unless the trial court makes findings explaining why a different allocation is needed to achieve an equitable result.'”
Court explaining the proper standard for allocating visitation travel expenses under Florida law.
In a dissolution of marriage action, the former wife challenged the trial court's distribution of the marital home, child support calculation, and par…
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In this dissolution of . marriage action, the former wife raises several issues challenging the court’s distribution of the marital home, calculation of child support, and parenting plan. We affirm the distribution of the marital home and parenting plan without further comment, but agree with the former wife that the gross income used on the child support guidelines worksheet did not match the figures on the parties’ most recent financial affidavits. . Absent findings explaining the disparity, we cannot determine whether the award was made in accordance with the guidelines in section 61.30, Florida Statutes, and we thüs reverse and' remand for recalculation. See Smith v. Smith, 996 So.2d 924, 926 (Fla. 1st DCA 2008).
Further, the adjustment'to' the former husband’s child support -responsibility based on his estimated monthly travel expenses for visitation resulted-in an allocation of approximately ninety-seven percent of those expenses ,to the,, former wife. Visitation travel expenses should be,allocated “in the same guidelines -ratio as govern[s] allocation of the other.child care expenses, unless the trial court makes findings explaining why a different allocation ‘is needed to achieve an equitable result.’ ” Miller v. Miller, 826 So.2d 480, 481 (Fla. 1st DCA 2002) (quoting section 60.30, Florida Statutes). On remand, the court may divide the travel expenses according to the ratios in the recalculated child support award or make findings to support a differing allocation. Id.
REVERSED AND'REMANDED.
WOLF, ROWE, and MAKAR, JJ., concur.
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Citator
Cited By
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Swift v. Poitras (Fla. 6th DCA 2026)
Authorities Cited
- Miller v. Miller, 826 So. 2d 480 (Fla. 1st DCA 2002)
- Smith v. Smith, 996 So. 2d 924 (Fla. 1st DCA 2008)