FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF
from the Circuit Court for Pasco County; Lauralee G. Westine
and Kim Campbell, Judges.
A. Neumaier, Tampa, for Appellant.
Timothy M. Doud of Law Offices of Timothy M. Doud, LLC,
Tarpon Springs, for Appellee.
Carmack appeals a final judgment dissolving her marriage to
Bob Carmack. We agree with Ms. Carmack that the portion of
the final judgment awarding child support must be reversed
because the judgment fails to include required findings
concerning the incomes of the parties.
court is required to determine the net income of each parent
when determining a child support award under section 61.30,
Florida Statutes (2011), and the court must include adequate
findings of such in the final judgment. Addie v.
Coale, 120 So.3d 44, 46 (Fla. 4th DCA 2013) (citing
Hindle v. Fuith, 33 So.3d 782, 786 (Fla. 5th DCA
2010)). Section 61.30 establishes a guidelines schedule that
a trial court is required to apply in determining an award of
child support, and a trial court's findings regarding the
parties' incomes are necessary for an appellate court to
determine if the child support award is a departure from the
child support guidelines and, if so, whether the departure
from the guidelines is justified. M.M. v. J.H., 251
So.3d 970, 972 (Fla. 2d DCA 2018) (quoting Wilcox v.
Munoz, 35 So.3d 136, 139 (Fla. 2d DCA 2010)).
Consequently, "case law is 'well-settled that a
trial court errs by failing to make findings of fact
regarding the parties' incomes when determining child
support.'" Id. at 972 (quoting
Wilcox, 35 So.3d at 139). "A trial court's
failure to include factual findings regarding the
parties' incomes for purposes of child support
calculations renders a final judgment facially
erroneous." Id. (citing Wilcox, 35
So.3d at 139).
Carmack points out, the trial court did not make any findings
regarding the parties' incomes in the final judgment. The
final judgment merely references Mr. Carmack's financial
affidavit in two places. In paragraph thirty-seven, the final
judgment states: "Husband testified to the accuracy of
his financial affidavit dated September 19, 2017. He stated
that his gross monthly income was $1, 300.00. . . . Husband
stated that the rents on the properties cover their mortgages
and he presently has a monthly surplus of $229.87." The
trial court again references the affidavit in paragraph
Husband testified that his Financial Affidavit was true and
correct. . . . Husband makes $1, 300.00 per month from CQA.
In his Financial Affidavits from 2014, Husband stated he
could not explain why his monthly income increased from $1,
000.00 to $1, 300.00. He stated that he believed he made more
than $1, 000.00 per month during the three years prior to
the final judgment fails to include factual findings
regarding the parties' net monthly incomes, this court
cannot conduct a meaningful appellate review of the child
support award. See Whittingham v. Whittingham,
67 So.3d 239, 239 (Fla. 2d DCA 2010) ("[W]hen
determining child support a trial court is required to make
findings of fact regarding the incomes of the parties because
such findings are required in order to determine whether the
support award departs from the guidelines." (citing
Wilcox, 35 So.3d at 139)).
because a trial court must consider alimony and child support
payments when determining whether a party has the ability to
pay his or her attorney's fees, on remand the trial court
should also reconsider Ms. Carmack's motion for
attorney's fees. See De La Piedra v. De La
Piedra, 243 So.3d 1052, 1054 (Fla. 1st DCA 2018).
we reverse that portion of the final judgment addressing the
child support award and remand to the trial court with
instructions to determine an appropriate award after making
specific findings concerning the incomes of the parties. The
trial court should also include a child support guidelines
worksheet in its amended final judgment and revisit Ms.
Carmack's request for attorney's fees on remand. All
other aspects of the final judgment of dissolution of
marriage are affirmed.
in part, reversed in part, and ...