Santos v. Santos

District Court of Appeal of Florida

Santos v. Santos

164 So. 3d 71, 2015 WL 2078463

CourtDistrict Court of Appeal of Florida

DecidedMay 6, 2015

Docket2D13-5566

StatusPublished

This text of 164 So. 3d 71 (Santos v. Santos) 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

Santos v. Santos, 164 So. 3d 71, 2015 WL 2078463 (Fla. Ct. App. 2015).

Pincite

Opinion

KHOUZAM, Judge.

Giane K. Santos, the former wife, appeals the final judgment modifying the parenting and child support plans. We reverse the final judgment’s modification of the child support plan because the trial court used outdated financial information from both the former wife and the former husband, Felipe Santos, in calculating the amount of child support. We affirm the remaining issue on appeal without comment.

The parties filed petitions to modify or clarify the child support plan. In support of their petitions, both parties filed updated financial affidavits. However, in ruling on the petitions and calculating the amount of child support, it appears that the trial court used the affidavits filed in connection with the original dissolution instead of the updated affidavits filed with the modification petitions.

The use of outdated financial information in calculating a child support award can constitute reversible error. See Mitchell v. Mitchell, 841 So.2d 564, 570 (Fla. 2d DCA 2003) (“Notwithstanding that Ms. Mitchell’s income was rising at the time of the final hearing in 2000, the circuit court used her outdated 1999 gross income figure. This was error.”); Hanley v. Hanley, 734 So.2d 529, 530 (Fla. 4th DCA 1999) (“In the, final judgment, the trial court erroneously relied on the first outdated report and found that the wife earns1'approximately $3,012 per month instead of the updated figure $4,118; arrived at in the supplemental report.”). Here, the court erroneously used the affidavits filed in connection with the initial dissolution proceedings as opposed to the updated affidavits filed with the petitions.

Therefore, we reverse the final judgment with respect to the child support modification and remand for the trial court to reconsider the support award in light of the parties’ updated financial information.

Affirmed in part, reversed in part, and remanded.

NORTHCUTT and LUCAS, JJ., Concur.

Free access — add to your briefcase to read the full text and ask questions with AI

KHOUZAM, Judge.

Giane K. Santos, the former wife, appeals the final judgment modifying the parenting and child support plans. We reverse the final judgment’s modification of the child support plan because the trial court used outdated financial information from both the former wife and the former husband, Felipe Santos, in calculating the amount of child support. We affirm the remaining issue on appeal without comment.

The parties filed petitions to modify or clarify the child support plan. In support of their petitions, both parties filed updated financial affidavits. However, in ruling on the petitions and calculating the amount of child support, it appears that the trial court used the affidavits filed in connection with the original dissolution instead of the updated affidavits filed with the modification petitions.

The use of outdated financial information in calculating a child support award can constitute reversible error. See Mitchell v. Mitchell, 841 So.2d 564, 570 (Fla. 2d DCA 2003) (“Notwithstanding that Ms. Mitchell’s income was rising at the time of the final hearing in 2000, the circuit court used her outdated 1999 gross income figure. This was error.”); Hanley v. Hanley, 734 So.2d 529, 530 (Fla. 4th DCA 1999) (“In the, final judgment, the trial court erroneously relied on the first outdated report and found that the wife earns1'approximately $3,012 per month instead of the updated figure $4,118; arrived at in the supplemental report.”). Here, the court erroneously used the affidavits filed in connection with the initial dissolution proceedings as opposed to the updated affidavits filed with the petitions.

Therefore, we reverse the final judgment with respect to the child support modification and remand for the trial court to reconsider the support award in light of the parties’ updated financial information.

Affirmed in part, reversed in part, and remanded.

NORTHCUTT and LUCAS, JJ., Concur.

Cite This Page — Counsel Stack

Bluebook (online)

164 So. 3d 71, 2015 WL 2078463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/santos-v-santos-fladistctapp-2015.

Opinion

Related

Cite This Page — Counsel Stack