Williams v. Lutrario

District Court of Appeal of Florida

Williams v. Lutrario

81 So. 3d 589, 2012 Fla. App. LEXIS 3251, 2012 WL 635647

CourtDistrict Court of Appeal of Florida

DecidedFebruary 29, 2012

DocketNo. 4D10-4672

StatusPublished

Cited by1 cases

This text of 81 So. 3d 589 (Williams v. Lutrario) 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

Williams v. Lutrario, 81 So. 3d 589, 2012 Fla. App. LEXIS 3251, 2012 WL 635647 (Fla. Ct. App. 2012).

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Opinion

PER CURIAM.

We affirm the final judgment of paternity in all respects but two. The judgment failed to give the father credit for $850 in child support payments, and on remand, in an amended final judgment, that amount should be set off against the child support arrearages. Next, although the court awarded the father the IRS income tax exemption in “odd-numbered calendar years,” the judgment should indicate that the mother, the custodial parent, is required to execute a waiver of the dependency exemption, only if the father “is current in support payments.” § 61.30(11)(a)(8), Fla. Stat. (2011); Salazar v. Salazar, 976 So.2d 1155, 1158 (Fla. 4th DCA 2008).

Reversed and remanded.

GROSS, CIKLIN and LEVINE, JJ„ concur.

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PER CURIAM.

We affirm the final judgment of paternity in all respects but two. The judgment failed to give the father credit for $850 in child support payments, and on remand, in an amended final judgment, that amount should be set off against the child support arrearages. Next, although the court awarded the father the IRS income tax exemption in “odd-numbered calendar years,” the judgment should indicate that the mother, the custodial parent, is required to execute a waiver of the dependency exemption, only if the father “is current in support payments.” § 61.30(11)(a)(8), Fla. Stat. (2011); Salazar v. Salazar, 976 So.2d 1155, 1158 (Fla. 4th DCA 2008).

Reversed and remanded.

GROSS, CIKLIN and LEVINE, JJ„ concur.

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Bluebook (online)

81 So. 3d 589, 2012 Fla. App. LEXIS 3251, 2012 WL 635647, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-lutrario-fladistctapp-2012.

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