Child Support Guidelines Worksheet must be consistent with Financial Affidavit; Travel Expenses & Child Care : LEGAL BLOG
Jerome C. Williams, Jr., Attorney at Law
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Child Support Guidelines Worksheet must be consistent with Financial Affidavit; Travel Expenses & Child Care

by Jerome Williams on 09/25/16

McWilson v. McWilson, __ So. 3d__, 2016 WL 3191135 (Fla. 1st DCA 2016). Former wife appealed the distribution of the marital home, the child support calculation, and the parenting plan in her appeal of a dissolution of marriage. The appellate court affirmed the distribution of the marital home and parenting plan without comment, but agreed with former wife that the gross income used on the child support guidelines worksheet did not match the figures on the spouses’ most recent financial affidavits. Unable to discern whether the child support award was made in accordance with the guidelines, the appellate court reversed and remanded for recalculation. Because visitation expenses should be allocated at the same rate as other child care expenses, the appellate court instructed the trial court on remand to either allocate former husband’s travel expenses for visitation according to the ratios in the recalculated child support or to make findings to support a different allocation. 


Key Takeaways from this: 

1) FIGURES USED ON CHILD SUPPORT GUIDELINES WORKSHEET SHOULD MATCH FIGURES USED ON SPOUSES’ MOST RECENT FINANCIAL AFFIDAVITS

2) TRAVEL EXPENSES FOR VISITATION SHOULD BE ALLOCATED IN THE SAME MANNER AS OTHER CHILD CARE EXPENSES.

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