Alston v. Vazquez

District Court of Appeal of Florida

Alston v. Vazquez

226 So. 3d 377, 2017 WL 4103220

CourtDistrict Court of Appeal of Florida

DecidedSeptember 18, 2017

DocketCase 5D16-3917

StatusPublished

Cited by2 cases

This text of 226 So. 3d 377 (Alston v. Vazquez) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alston v. Vazquez, 226 So. 3d 377, 2017 WL 4103220 (Fla. Ct. App. 2017).

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Opinion

PER CURIAM

Canda Alston appeals a final judgment of paternity that included a child support order and parenting plan. We affirm the trial court’s thorough, thoughtful, and well-documented final judgment as to all but one of the issues Appellant raised. As part of the final judgment, the trial, court ordered that Appellant would have the income tax benefits of claiming the parties’ child as a dependent in even-numbered years, while Appellee, the child’s father, would have those same tax benefits in odd-numbered years. “The trial court had the discretion to transfer the dependency exemption to the noncustodial parent,” Vick v. Vick, 675 So.2d 714, 719 (Fla. 5th DCA 1996). However, the trial court erred in not conditioning each party’s right to claim the child as a dependent on being current with child support payments. See Salazar v. Salazar, 976 So.2d 1155, 1158 (Fla. 4th DCA 2008). We remand with instructions for the trial court to enter an amended final judgment containing that condition for the right to claim their child as a dependent for tax purposes in alternating years. In all other respects, the final judgment is affirmed.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH INSTRUCTIONS.

SAWAYA, ORFINGER, and EDWARDS, JJ., concur.

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PER CURIAM

Canda Alston appeals a final judgment of paternity that included a child support order and parenting plan. We affirm the trial court’s thorough, thoughtful, and well-documented final judgment as to all but one of the issues Appellant raised. As part of the final judgment, the trial, court ordered that Appellant would have the income tax benefits of claiming the parties’ child as a dependent in even-numbered years, while Appellee, the child’s father, would have those same tax benefits in odd-numbered years. “The trial court had the discretion to transfer the dependency exemption to the noncustodial parent,” Vick v. Vick, 675 So.2d 714, 719 (Fla. 5th DCA 1996). However, the trial court erred in not conditioning each party’s right to claim the child as a dependent on being current with child support payments. See Salazar v. Salazar, 976 So.2d 1155, 1158 (Fla. 4th DCA 2008). We remand with instructions for the trial court to enter an amended final judgment containing that condition for the right to claim their child as a dependent for tax purposes in alternating years. In all other respects, the final judgment is affirmed.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH INSTRUCTIONS.

SAWAYA, ORFINGER, and EDWARDS, JJ., concur.

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Bluebook (online)

226 So. 3d 377, 2017 WL 4103220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alston-v-vazquez-fladistctapp-2017.

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