State, Department of Revenue ex rel. Jones v. Jones

District Court of Appeal of Florida

State, Department of Revenue ex rel. Jones v. Jones

689 So. 2d 1264, 1997 Fla. App. LEXIS 2473, 1997 WL 120556

CourtDistrict Court of Appeal of Florida

DecidedMarch 19, 1997

DocketNo. 96-2865

StatusPublished

Cited by1 cases

This text of 689 So. 2d 1264 (State, Department of Revenue ex rel. Jones v. Jones) 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.

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State, Department of Revenue ex rel. Jones v. Jones, 689 So. 2d 1264, 1997 Fla. App. LEXIS 2473, 1997 WL 120556 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

In this appeal from a child support enforcement order, the Department of Revenue contends the trial court erred in crediting against child support arrearages certain payments the father made directly on behalf of the minor child. We agree that the trial court erred in crediting appellee for amounts expended on Christmas gifts for the child and for the summer months in which the child visited with the father. See Department of Revenue v. Kiedaisch, 670 So.2d 1058 (Fla. 2d DCA 1996); Raybuck v. Raybuck, 451 So.2d 540 (Fla. 2d DCA 1984). The remaining amounts can be viewed as being in substantial compliance with the support order, however, and we find no abuse of discretion in crediting appellee for those sums, which total $984. See generally Department of Revenue v. Kiedaisch, 670 So.2d 1058 (Fla. 2d DCA 1996); Montante v. Montante, 627 So.2d 554 (Fla. 4th DCA 1993).

REVERSED and REMANDED for entry of an order crediting appellee with $984, rather than $2189, against the arrearage of $4050.

JOANOS, WOLF and VAN NORTWICK, JJ., concur.

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PER CURIAM.

In this appeal from a child support enforcement order, the Department of Revenue contends the trial court erred in crediting against child support arrearages certain payments the father made directly on behalf of the minor child. We agree that the trial court erred in crediting appellee for amounts expended on Christmas gifts for the child and for the summer months in which the child visited with the father. See Department of Revenue v. Kiedaisch, 670 So.2d 1058 (Fla. 2d DCA 1996); Raybuck v. Raybuck, 451 So.2d 540 (Fla. 2d DCA 1984). The remaining amounts can be viewed as being in substantial compliance with the support order, however, and we find no abuse of discretion in crediting appellee for those sums, which total $984. See generally Department of Revenue v. Kiedaisch, 670 So.2d 1058 (Fla. 2d DCA 1996); Montante v. Montante, 627 So.2d 554 (Fla. 4th DCA 1993).

REVERSED and REMANDED for entry of an order crediting appellee with $984, rather than $2189, against the arrearage of $4050.

JOANOS, WOLF and VAN NORTWICK, JJ., concur.

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689 So. 2d 1264, 1997 Fla. App. LEXIS 2473, 1997 WL 120556, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-department-of-revenue-ex-rel-jones-v-jones-fladistctapp-1997.

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