SVEIN STEINMOEN, APPELLANT,
v.
DEPARTMENT OF REVENUE ON BEHALF OF SUNNY SEABROOK, APPELLEE
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In this paternity action, the Florida Third District Court of Appeal affirmed a trial court's order awarding current and retroactive child support to the mother against the father. The court rejected the father's arguments that the trial court lacked jurisdiction (precluded by res judicata) and that retroactive child support should be calculated using a reimbursement theory rather than the statutory child support guidelines.
The court affirmed the trial court's order. The father was precluded by res judicata from raising the jurisdiction issue. The hearing officer properly determined retroactive child support by considering the child's needs and each parent's ability to pay, using the statutory child support guidelines as a presumptive minimum, which was a reasonable and discretionary approach.
[1] Res judicata precludes a party from raising an issue of subject matter jurisdiction that has already been decided in a prior action.
[2] A trial court has broad discretion to determine the amount of child support, which is only subject to a test of reasonableness.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The criteria to be considered in awarding child support are the child's needs and the ability of each parent to pay support.”
Establishes the foundational legal standard for determining child support amounts
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Join FLexlaw to unlock all legal intelligenceSvein Steinmoen fathered a child with Sunny Seabrook. The Department of Revenue brought a paternity action on behalf of Seabrook seeking child support…
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GODERICH, Judge.
In the underlying paternity action, the father, Svein Steinmoen, appeals from a final order awarding current and retroactive child support. We affirm.
First, the father argues that the trial court lacked subject matter jurisdiction over this action.. We find that the father is precluded by res judicata from raising this issue. Steimnoen v. Seabrook, 666 So. 2d 165 (Fla. 3d DCA 1996).
Next, the father contends that the trial court erred by adopting the hearing officer’s recommended order. He raises several exceptions to the hearing officer’s order, but only one merits discussion. The father contends that the hearing officer erred by determining the amount of retroactive child support due by reviewing the parents’ individual income for the years in question and then looking to the child support guidelines for the presumptive minimum amount of support. § 61.30(6), Fla. Stat. Instead, the father argues that the determination of the amount of retroactive child support should have been based on a reimbursement theory. Williams v. Johnson, 584 So. 2d 90 (Fla. 5th DCA 1991). We disagree.
In Mason v. Reiter, 564 So. 2d 142 (Fla. 3d DCA 1990), this Court stated, “The criteria to be considered in awarding child support are the child’s needs and the ability of each parent to pay support.” Mason, 564 So. 2d at 145; Coleman v. Mackey, 424 So. 2d 170 (Fla. 3d DCA 1983). In Mason, the trial court assessed each parent’s ability to pay by considering the father’s and mother’s monthly salaries, as well as any property or assets owned by either of them, and concluded that the mother could not pay for the child’s needs while the father could. Mason, 564 So. 2d at 145.
On appeal, the father argued that the trial court had abused its discretion by using this method to determine the amount of child support that he was required to pay. Mason, 564 So. 2d at 145. He contended that a determination of the child’s needs should be based on past expenditures made by the mother. Mason, 564 So. 2d at 145. Further, he concluded that “if the mother had not spent it in the past, it was not reasonable and the child had no need for it in the future.” Mason, 564 So. 2d at 145. This Court rejected the father’s argument and stated that the trial court has broad discretion to determine the amount of child support to be awarded and that this discretion is only subject to a test of reasonableness. Mason, 564 So. 2d at 145. Similarly, in the instant case, the hearing officer properly considered the child’s needs and each parent’s ability to pay support, and, in assessing each parent’s ability to pay, the hearing officer properly considered each parent’s monthly salary. Further, we note that the hearing officer’s decision to look to the child support guidelines to determine the presumptive minimum needs of the child and the proper amount of support was reasonable. Finley v. Scott, 707 So. 2d 1112 (Fla.1998)(stating that the amount established by the child support guidelines is a presumptive amount).
Accordingly, and because the trial court acted within its discretion in adopting the hearing officer’s order, we affirm the trial court’s order awarding current and retroactive child support.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Geri E. Finley v. Scott, 707 So. 2d 1112 (Fla. 1998)
- Mason v. Reiter, 564 So. 2d 142 (Fla. 3d DCA 1990)
- Coleman v. MacKey, 424 So. 2d 170 (Fla. 3d DCA 1983)
- State v. Mayes, 666 So. 2d 165 (Fla. 2d DCA 1995)
- Jarvis Williams v. Johnson, 584 So. 2d 90 (Fla. 5th DCA 1991)