Capó v. Capó

73 So. 3d 902, 2011 WL 5554782
CourtDistrict Court of Appeal of Florida
DecidedNovember 16, 2011
DocketNo. 4D09-4608
StatusPublished

This text of 73 So. 3d 902 (Capó v. Capó) 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
Capó v. Capó, 73 So. 3d 902, 2011 WL 5554782 (Fla. Ct. App. 2011).

Opinion

GERBER, J.

The former wife appeals, and the former husband cross-appeals, the circuit court’s amended order granting the former husband’s petition for modification of child support. We conclude the only argument of merit is the former wife’s argument that the amended order is facially erroneous because it does not make any findings as to the net income of each party as a starting point for calculating child support or explain how the calculation was performed. See Aguirre v. Aguirre, 985 So.2d 1203, 1207 (Fla. 4th DCA 2008) (“A final judgment is facially erroneous, requiring remand, where it does not make any findings as to the net income of each party as a starting point for calculating child support or explain how the calculation was performed.”). We remand for the circuit court to make its findings as to the net income of each party and, based on those findings, to explain why the child support calculations should remain the same or, if necessary, to modify the child support calculations accordingly. On all of the other arguments which the parties raise in the appeal and cross-appeal, we affirm without further discussion.

Affimied in part, reversed in part, and remanded.

WARNER and DAMOORGIAN, JJ., concur.

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Related

Aguirre v. Aguirre
985 So. 2d 1203 (District Court of Appeal of Florida, 2008)

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Bluebook (online)
73 So. 3d 902, 2011 WL 5554782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capo-v-capo-fladistctapp-2011.