Winters v. Katseralis, 92-04115
| Decision Date | 03 September 1993 |
| Docket Number | No. 92-04115,92-04115 |
| Citation | 623 So.2d 613 |
| Parties | 18 Fla. L. Week. D1945 Floyd J. WINTERS, Appellant, v. Nadya KATSERALIS, f/k/a Nadya Golubov, f/k/a Nadya Winters, Appellee. |
| Court | Florida District Court of Appeals |
John P. Fleck, Jr., Bradenton, for appellant.
Paulette R. Pace, Bradenton, for appellee.
Mr. Winters, the former husband, appeals an order modifying child support payable to Ms. Katseralis, the former wife. This divorced couple has two children. The father has custody of the son, and the mother has custody of the daughter. We conclude that the amount of child support stated in the order deviates from the amount established by the child support guidelines, and that the trial court failed to make a written finding in its order or a specific finding on the record to justify the deviation. Section 61.30(1)(a), Fla.Stat. (1991).
At the time of the hearing on the petition for modification of child support, both parents were teachers. Mr. Winters' net monthly income was $1,985, and Ms. Katseralis' net monthly income was $1,320. With a combined net monthly income of $3,305, the child support guidelines suggest that two children should receive total monthly support of $1,052. Section 61.30(6), Fla.Stat. (1991). Because the father earns 60% of the combined net income, his share of the child support should be $631 and the mother's share should be $421. Section 61.30(8), Fla.Stat. (1991).
The mathematics of child support are more complex in this case because each parent has custody of one child. All things being equal, the father should pay the mother the difference between their respective obligations, i.e., $210 per month. The trial court, however, ordered the father to pay $325. Thus, Mr. Winters is effectively contributing $851 in support of the children, while Ms. Katseralis contributes $201. 1
Although our record is limited, 2 it appears that Mr. Winters voluntarily paid Ms. Katseralis $325 each month for his daughter's support after his son came to live with him. This amount, however, was not established by any stipulation, and the trial court made no finding that Mr. Winters was bound by any agreement to maintain this amount.
The child support guidelines are reasonably flexible. The trial court is authorized to adjust the award based upon a number of considerations. Section 61.30(10), Fla.Stat. (1991). In this case, it is possible that the trial court may have a valid reason to deviate from the guidelines. However, it made no written finding in its order to explain its deviation. The specific findings on the record indicate that the trial court did not intend for the parties to exchange monthly support checks and that the father's $325 child support payment was a net amount, adjusted to reflect the mother's obligation to support her son. The findings state that the husband...
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Thilem v. Thilem, 94-1936
...without specific findings regarding each child's needs and the husband's ability to pay. See Sec. 61.30(1)(a); Winters v. Katseralis, 623 So.2d 613 (Fla. 2d DCA 1993). Under the requirements of section 61.30(9), the trial court had already considered the husband's greater ability to pay whe......
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