BENJAMIN AARON STREET, APPELLANT,
v.
HEATHER MARY STREET, 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.
The court affirmed the denial of the former husband's supplemental modification petition on two issues, reversed a scrivener's error in the time-sharing percentage (36%-64% corrected to 40%-60%), and remanded for recalculation of child support and reconsideration of attorney fees under Florida Statute § 61.16.
A trial court's final order denying a supplemental modification petition must be reversed where it contains a scrivener's error in the time-sharing split, and the case must be remanded for recalculation of child support and reconsideration of attorney fees with proper consideration of the parties' financial resources.
[1] A trial court must make specific factual findings regarding both parties' financial resources when awarding attorney fees in a family law modification proceeding under Fl…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceThe former husband sought to modify the parties' final judgment of dissolution of marriage through a supplemental petition. The final order reflected …
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 Financial Resources Of Parties cases and more on FLexlaw
The former husband raises four issues in this appeal from a final order denying his supplemental petition to modify the parties’ final judgment of dissolution of marriage. We affirm Issues I and II without comment. In Issue III, the former husband argues, and the former wife concedes, that the final order erroneously reflected a time sharing split of 36%-64% when the parties’ time sharing split was actually 40%-60%. We reverse the portions of the final order reflecting this scrivener’s error and remand for recalculation of the former husband’s child support payment to reflect the appropriate time sharing split.
On remand, the trial court should also reconsider the attorney fee award below as the record on appeal does not demonstrate that factors beyond the former husband’s ability to pay were considered. See § 61.16, Fla. Stat. (2015) (providing for fees upon consideration of the financial resources of both parties); Glasgow v. Wolfe, 873 So.2d 483, 484 (Fla. 1st DCA 2004) (remanding for the trial court to make specific factual findings to support and explain its ruling on a motion for attorney’s fees under section 61.16).
AFFIRMED in part, REVERSED in part, and REMANDED.
ROBERTS, C.J., ROWE and MAKAR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Dorsey v. Dorsey, 266 So. 3d 1282 (Fla. 1st DCA 2019)
Authorities Cited
- Glasgow v. Wolfe, 873 So. 2d 483 (Fla. 1st DCA 2004)