Posted by Nydia Streets of Streets Law in Florida Child Support
Failure to attach child support guidelines to or to reference them in a Florida family law judgment may render the judgment voidable. This is because the guidelines are necessary for future reference in case the parties need to modify the child support amount, or someone challenges a judgment. This was an issue in the case Stellato v. Stellato, 4D2022-3080 (Fla. 4th DCA May 8, 2024).
In this divorce case, the former wife appealed many issues litigated on the trial level. The appellate court only reversed on two issues - the lack of a child support guidelines worksheet and the calculation of the children’s health insurance premium. An original final judgment was entered with child support guidelines simultaneously. Thereafter, an amended final judgment was entered that did not reference or include any guidelines.
The former husband conceded error on both issues. The appellate court ruled “The appellate record shows the parties separately submitted child support guidelines worksheets into evidence during the trial. Although the initial final judgment complied with Nepola because of the simultaneously filed worksheet, the amended final judgment did not refer to any worksheet and the trial court did not simultaneously file a worksheet. The husband properly concedes error because the trial court made a significant change in the timesharing schedule between its initial final judgment and amended final judgment, and the worksheet (and child support obligations for each party) is inconsistent with the timesharing schedule ordered in the amended final judgment.”
Regarding the health insurance, the court held “The husband also concedes error in the calculation of the children’s health insurance. The child support guidelines worksheet filed with the initial final judgment stated that the husband pays $160 for the children’s monthly health insurance. But the husband’s financial affidavit stated that the husband pays $128 for “monthly health insurance” as part of the “monthly expenses for children common to both parties.” The husband accordingly concedes (and the record reflects) the worksheet filed with the initial final judgment includes an erroneous amount according to the husband’s financial affidavit.”
Schedule your meeting with a Miami family law attorney to understand your rights and remedies in your case.