Posted by Nydia Streets of Streets Law in Florida Child Custody
Inconsistencies in a Florida family law order are subject to reversal by an appellate court. In the case Landero v. Landero, 2d2023-2014 (Fla. 2d DCA July 19, 2024), there were errors concerning the child support calculation and the time-sharing schedule.
The trial court calculated child support on the basis that the former wife paid over $800 per month for the children’s health insurance. However, the evidence at trial indicated the children were on Medicaid and the former wife, as a part-time worker, did not qualify for health insurance coverage through her employment. Therefore the case was remanded with instructions to recalculate the support excluding the health insurance payment.
The time-sharing plan included a schedule in December which was intended to allow the father to have Christmas and Christmas Eve timesharing in even years, the wording of the order did not state this. The appellate court held “the fact is that Christmas and Christmas Eve fall within this two week period only twice over the next six even years. Accordingly, we must reverse and remand for the trial court to clarify this inconsistency and enter an amended final judgment that accurately accomplishes the trial court's explicit intent that that Former Husband have the Children on Christmas and Christmas Eve on even years.”
Schedule your meeting with a Miami family law attorney to determine your rights and remedies in your case.