Gherardi v. Gherardi, 97-2462
| Decision Date | 01 July 1998 |
| Docket Number | No. 97-2462,97-2462 |
| Parties | 23 Fla. L. Weekly D1584 Richard GHERARDI, Appellant, v. Yvette T. GHERARDI, Appellee. |
| Court | Florida District Court of Appeals |
Alexandra V. Rieman of Alexandra V. Rieman, P.A., Fort Lauderdale, for appellant.
William H. Branch and Joseph R. Boyd of Boyd, Lindsey, Williams & Branch, P.A., and Chriss Walker of the Department of Revenue, Office of Child Support Enforcement, Tallahassee, for appellee.
This is an appeal of a final order of the trial court in an action filed by the Department of Revenue, pursuant to chapter 409, Florida Statutes, seeking to recover public assistance monies paid on behalf of the minor children and to set the former husband's current child support obligation. The final order, which adopted the hearing officer's report, required appellant (former husband) to pay $777.25 per month for child support and arrearage. We reverse and remand.
As to the $722 current monthly obligation, we remand so that the trial court may recalculate the obligation taking into consideration the deductions from gross income listed in Florida Statutes sections 61.30(3)(b) and (e), which allow a parent to deduct from his/her gross income the amount of federal insurance contributions and health insurance premiums paid, excluding payments for coverage of the minor child. The record indicates that the lower court failed to take these deductions into account when calculating the former husband's child support obligation.
We vacate the $34,737.74 award of "retroactive support/arrears," which was made retroactive to the date of the dissolution of marriage, December 23, 1992, because we are unable to determine how much of this award is for reimbursement to the State for public assistance funds and how much, if any, is retroactive child support to the mother. To the extent that a portion of the $34,737.74 represents child support, the award can be made retroactive only to the date of the filing of the petition, which in this case was in August of 1995. See Berger v. Berger, 559 So.2d 737 (Fla. 5th DCA 1990). On the other hand, any portion of the $34,737.74 award which is reimbursement to the State for public assistance funds under section 409.234 can appropriately embody expenditures which predate the filing of the petition. Because the amounts for reimbursement and retroactive child support are not specified in the order, we are unable to conduct a meaningful appellate review...
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