Smith Family Law Update: Week of April 17, 2017: 5th DCA Case of First Impression!!
C.J.I-R v. C.M.: Fla 2nd DCA, April 19, 2017:
Trial court erred in a paternity case by using an improper figure for Father’s net income when calculating child support (the guideline used a tax liability which was not supported by any evidence provided).
Frezza v. Frezza: Fla. 2nd DCA, April 19, 2017:
Trial court’s decision was affirmed as there was no transcript and former wife, who brought appeal, failed to submit a statement of the evidence. However, case was remanded for clarification of attorney fee provision as one section called for fees to be paid by Wife but a separate section provided for the parties to pay their own fees. Otherwise, the judgment met all requirements under Rowe.
Wayne v. Einspar: Fla. 5th DCA, April 21, 2017:
Trial court should have listed, as marital liabilities in equitable distribution, the student loan of the parties’ child and a car loan for a vehicle belonging for the child as both were cosigned for by the parties prior to the petition for dissolution being filed. Further, the matter was remanded to determine credits for temporary alimony made during the pendency of the case.
Wilkerson v. Wilkerson: Fla. 5th DCA, April 21, 2017: FIRST IMPRESSION!!
Husband was not “blindsided” by Wife’s claim for child support. While Wife’s petition for dissolution did not include a claim for child support, her pretrial statement addressed the issue and Husband likewise responded to said claim. In a case of first impression, the 5th DCA held that a court can set an initial child support obligation by imputing income to an incarcerated parent. (aligning with the 4th DCA in McCall and conflicting with the 1st DCA in Llamas). The 5th DCA noted that an individual’s actions that lead to incarceration are voluntary for purposes of Florida Statutes 61.30 and that “[i]t would be inconsistent to allow an incarcerated parent’s child support obligation, which was set before incarceration, to continue to accrue until the parent’s release from prison, and yet not allow the trial court to initially set a minimum amount of child support for an individual already incarcerated.”
Interesting dissent by Justice Palmer.
Posted by Roy Smith on Apr 21st 2017
