Halawy v. Halawy

67 So. 3d 447, 2011 Fla. App. LEXIS 13423, 2011 WL 3760859

• Court: District Court of Appeal of Florida
• Decided: August 26, 2011
• Docket: 2D10-806
• Status: Published

Opinion

PER CURIAM.

Nazih and Thelma Halawy, the parties in this long-term marriage, had a child who was still a minor when their dissolution of marriage action commenced. In a nonfinal child support order, the trial court imputed minimum wage income to each parent. Mr. Halawy appeals this nonfinal child support order, 1 contending that the trial court erred in requiring him to pay the entire amount despite the fact that the trial court imputed equal income to each of them. 2

Mrs. Halawy concedes the error and we agree. 3 We reverse and remand for correction of this error in the order on child support. 4

Reversed and remanded for further proceedings.

SILBERMAN, C.J., and CASANUEVA, J., and DAKAN, STEPHEN L„ ASSOCIATE SENIOR JUDGE, Concur.

1 . See Fla. R.App. P. 9.130(a)(3)(C)(iii).

2 . Mr. Halawy raises a second issue which we decline to consider inasmuch as it is not within our jurisdiction at this time.

3 . See § 61.30(9), (10), Fla. Stat. (2009).

4 .Mrs. Halawy further notes that there may be a computational error in the amount of total child support due. On remand, the circuit court shall also consider this claim before entering the final judgment, which should also include a finding and order on alimony due, if any.