Reynolds v. Reynolds, 95-1259

• Decision Date: 15 February 1996
• Docket Number: No. 95-1259,95-1259
• Citation: 668 So.2d 245
• Parties: 21 Fla. L. Weekly D424 Nancy Ann REYNOLDS, Appellant, v. Michael Patrick REYNOLDS, Appellee.
• Court: Florida District Court of Appeals

Page 245

668 So.2d 245

21 Fla. L. Weekly D424

Nancy Ann REYNOLDS, Appellant, v. Michael Patrick REYNOLDS, Appellee.

No. 95-1259.

District Court of Appeal of Florida First District.

Feb. 15, 1996.

An appeal from the Circuit Court for Okaloosa County. Jack R. Heflin, Judge.

Alice Cano, Fort Walton Beach, for Appellant.

No brief filed, for Appellee.

MICKLE, Judge.

Nancy A. Reynolds, the former wife, appeals from a final judgment of dissolution of marriage. We reverse and remand for the trial court 1) to order child support in the presumptive amount set forth in section 61.30(6), Florida Statutes (1993), or else to make explicit findings of fact to support its downward deviation from the support guidelines and 2) to reconsider the issue of alimony and to make specific findings of fact in support of its ruling. § 61.08(1), Fla.Stat. (1993).

Two children were born during the parties' eleven-year marriage. In her petition to dissolve the marriage, the appellant requested support for the two minor children. The child support guidelines presumptively establish the amount to be ordered as child support. § 61.30(1)(a), Fla.Stat. (1993). Michael P. Reynolds, the former husband, is employed by the United States Air Force on active duty status as an "E-6 Tech/Sgt," and has a total monthly income of $2,529.30 (net income: $2,152.11), according to his amended financial affidavit. The former wife, an assembler earning $5.00 per hour at a manufacturing company, listed her total monthly income as $866.00 (net income: $769.75). The appellant testified that two months was the longest period she had worked outside the home during the marriage, and $5.00 was her highest hourly wage.

To calculate the presumptive child support amount, the guidelines require a determination of the parents' "combined monthly available income." § 61.30(6). Given the parties' combined available monthly income between $2,900.00 and $2,950.00, the guidelines provide that the presumptive total "minimum child support need" for two children ranges from $971.00 to $986.00 a month. § 61.30(6). For purposes of determining each parent's percentage share of the child support need, the division of each parent's net income by their combined net income produced respective shares of 26% and 74% for the appellant and the appellee. § 61.30(9). Our calculations indicate that the appellee's 74% share, within the support range ($971.00 to $986.00), equals from $718.54 to $729.64.

The guidelines also take into account certain child care costs. § 61.30(7). The former wife testified that her additional child care expenses amounted to $405.00 monthly. The statute provides that "[c]hild care costs incurred on behalf of the children due to employment, job search, or education ... shall be reduced by 25 percent and then shall be added to the basic obligation." § 61.30(7). Reduced by 25%, the $405.00 a month equals $303.75, of which the former husband's presumptive 74% share equals $224.77. Thus, the former husband's presumptive support and child care obligation would range from about $943.31 to $954.38.

The guidelines statute permits the trial court to adjust the minimum support amount (or either or both parents' share thereof) based on considerations enumerated in section 61.30(11)(a)-(k), Florida Statutes. The statute allows the trial court to order payment of child support that varies, plus or minus 5%, from the guideline amount, without findings of fact. However, if the trier of fact orders payment of support in an amount that varies more than 5% upward or downward from the guideline amount, the court must include a written finding, or make a specific finding on the record, "explaining why ordering payment of such guideline amount would be unjust or inappropriate." § 61.30(1)(a).

In the final judgment, the trial court ordered the former husband to pay the former wife $630.00 a month for child support for 24 months subsequent to entry of judgment. Beginning with the 25th month, the former husband was ordered to pay $768.00 a month. As additional support pursuant to statutory subsection (7), the trial court ordered the former husband to pay the appellant 70.1% of the child-care expenses (reduced by 25%).

The amount awarded for child support during the first 24 months post-judgment represents more than a 5% downward deviation from the presumptive guideline amount. Therefore, the trial court was required to make findings under statutory subsection (1)(a). The final judgment expressly states that the departure amount was intended "to provide the Respondent/Husband relief while he satisfies a large sum of familial obligations."

In Issue I, the appellant submits that given the uncontroverted testimony demonstrating that at least $9,000.00 of the former husband's credit card debts were incurred after the date of the parties' separation, a more detailed explanation was required as a matter of law. We agree. Riley v. Parker, 624 So.2d 828 (Fla. 1st DCA 1993). In Riley, the trial court ordered the former husband to pay only 1/4 of the presumptive guideline support amount upon finding that after his "other financial obligations" were considered, the former husband could afford to pay no more than the amount awarded. We concluded that this explanation was inadequate as a matter of law to meet the requirements of statutory subsection (1)(a). Id.

The instant judgment does not indicate what, or how much, the appellee's "familial obligations" are, nor does it suggest to what extent the substantial debts listed in the record represent his own personal expenses, as opposed to debts incurred for the support and care of the appellant and their children. In fairness to the able trier of fact, we note that the evidence presented below by the parties as to the type and amount of their pre- and post-separation expenditures was anything but clear. This much is apparent from the record, however. The former wife alleged, and the former husband admitted in his answer, that the parties had debts totaling about $27,000.00 when they separated in April 1994. By the date of the January 1995 hearing, substantial additional debts were incurred. The former husband's amended 1995 financial affidavit listed total liabilities of $46,237.99. Given the inconsistencies in the record regarding the nature and amount of the parties' post-separation expenditures, we...