From Casetext: Smarter Legal Research

Herring v. Ashby

District Court of Appeal of Florida, Fifth District
Mar 19, 2004
869 So. 2d 630 (Fla. Dist. Ct. App. 2004)

Summary

reversing for income findings and explanation of method used in arriving at award

Summary of this case from Todd v. Guillaume-Todd

Opinion

Case No. 5D03-1281.

Opinion filed March 19, 2004.

Appeal from the Circuit Court for Orange County, Cynthia Z. MacKinnon, Judge.

Linda D. Schoonover of Linda D. Schoonover, P.A., Altamonte Springs, for Appellant.

Robert B. Branson and John Raffaelli of The Law Office of Robert B. Branson, Orlando, for Appellee.


Yvondia Herring asserts the commission of a variety of errors by the trial court in this appeal from a final judgment of dissolution of marriage. We detect only one matter that requires correction.

Because there are no findings of fact contained in the judgment related to child support, as required by section 61.30, Florida Statutes (2003), we conclude that we must reverse on this point. If a trial court does not articulate findings regarding the actual income of the parties or any adjustments to income, a reviewing court cannot ascertain whether a child support award is within the guidelines. See Manolakos v. Manolakos, 29 Fla. L. Weekly D380 (Fla. 4th DCA Feb. 11, 2004); Levi v. Levi, 780 So.2d 261 (Fla. 3d DCA 2001). Here, there are no findings concerning the amount of income of either party, nor are we provided with any information concerning the manner in which the award of child support was computed. We are, thus, unable to examine meaningfully the matter of imputed income and the total amount of child support awarded. Accordingly, we affirm the final judgment in all respects except for the award of child support, and remand to the trial court for specific findings to support the imputed income amount and the total amount of child support.

AFFIRMED in part, REVERSED in part, REMANDED.

SHARP, W., and TORPY, JJ., concur.


Summaries of

Herring v. Ashby

District Court of Appeal of Florida, Fifth District
Mar 19, 2004
869 So. 2d 630 (Fla. Dist. Ct. App. 2004)

reversing for income findings and explanation of method used in arriving at award

Summary of this case from Todd v. Guillaume-Todd
Case details for

Herring v. Ashby

Case Details

Full title:YVONDIA HERRING, Appellant, v. CLAIRMONT O. ASHBY, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Mar 19, 2004

Citations

869 So. 2d 630 (Fla. Dist. Ct. App. 2004)

Citing Cases

Todd v. Guillaume-Todd

This also requires reversal. See Guida v. Guida, 870 So.2d 222, 225 (Fla. 2d DCA 2004) (reversing child…

Marenco v. Marenco

See Holaway v. Holaway, 197 So. 3d 612, 613 (Fla. 5th DCA 2016) ("When a trial court fails to explain the…