Hanna v. Department of Revenue Ex Rel. Smith
This text of 16 So. 3d 879 (Hanna v. Department of Revenue Ex Rel. Smith) 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.
Opinion
CONFESSION OF ERROR
Based on the State’s proper confession of error, we find that the record lacks competent, substantial evidence to support the trial court’s order requiring the appellant to pay child support. The State concedes that the Department’s failure to consider the other children residing with the appellant when calculating the child support guidelines is error and, accordingly, reversal is warranted. See Speed v. Dep’t of Revenue ex rel. Nelson, 749 So.2d 510 (Fla. 2d DCA 1999). We reverse and remand for an evidentiary hearing, which shall include a determination of support obligations pursuant to a correct child support guidelines worksheet.
Reversed and remanded for further proceedings consistent with this opinion.
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16 So. 3d 879, 2009 Fla. App. LEXIS 8693, 2009 WL 1872417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hanna-v-department-of-revenue-ex-rel-smith-fladistctapp-2009.