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Weaver v. Russo

District Court of Appeal of Florida, Fifth District
Sep 16, 2005
910 So. 2d 387 (Fla. Dist. Ct. App. 2005)

Opinion

No. 5D04-3609.

September 16, 2005.

Appeal from the Circuit Court for Volusia County, Frank Marriott, Judge.

Steven J. Guardiano, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General and William H. Branch, Assistant Attorney General, Tallahassee, for Appellee.


In this proceeding to modify child support, Appellant contends that the lower court erred in approving the recommendation of the general master because it departed from the guideline amount without explanation. We reverse.

The lower court adopted as correct the facts set forth in the Child Support Work-sheet submitted by Appellant, including the parties' respective incomes, Appellant's percentage of overnight visits with the children and support payments actually made. In computing support, however, the court erred when it departed from the guidelines without explanation. Dep't of Revenue ex rel. Skirko v. Skirko, 855 So.2d 1205 (Fla. 5th DCA 2003).

On remand, the court shall either enter an order in accordance with the guidelines or provide appropriate reasons for departure.

REVERSED and REMANDED.

THOMPSON, PALMER and TORPY, JJ., concur.


Summaries of

Weaver v. Russo

District Court of Appeal of Florida, Fifth District
Sep 16, 2005
910 So. 2d 387 (Fla. Dist. Ct. App. 2005)
Case details for

Weaver v. Russo

Case Details

Full title:David M. WEAVER, Appellant, v. Marjorie Ann Weaver RUSSO, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Sep 16, 2005

Citations

910 So. 2d 387 (Fla. Dist. Ct. App. 2005)