BRUCE GUTTLER, APPELLANT,
v.
DONA GUTTLER, APPELLEE
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The court held that the trial court erred in failing to adjust child support based on a substantial time-sharing arrangement, and that the amended statute should be applied on remand.
The trial court calculated child support but failed to adjust the award despite a nearly equal time-sharing arrangement between parents. The child spe…
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PER CURIAM.
We affirm the final judgment in all respects but one.
The trial court found that under the statutory guidelines, total child support was $1,251 per month. The court failed to properly apply section 61.30(ll)(b), Florida Statutes (1999), which provides that the court “shall adjust any award of child support” when a shared parental arrangement provides that a child spends a “substantial amount of time with each parent.” Id. (Emphasis supplied).
In this case, the child will spend 46% of his time with the father, an amount that meets the statutory definition of “substantial.” See Arze v. Sadough-Arze, 789 So. 2d 1141, 1144 (Fla. 4th DCA 2001) (holding that when a child spent 44% of his time with the husband it was “substantial” under the statute). We note that the 2001 amendment to section 61.30(11) defines a “substantial amount of time” as meaning “that the noncustodial parent exercises visitation at least 40 percent of the overnights of the year.” Ch.2001-158, § 16, at 19, Laws of Fla. On remand, the trial court shall apply the amended version of section 61.30, which took effect on July 1, 2001. Ch.2001-158, § 16, Laws of Fla.; see Arze, 789 So. 2d at 1144^5 (pointing out that the 2001 amendments to section 61.30(11) were “remedial legislation that may be retroactively applied”).
GUNTHER, WARNER and GROSS, JJ., concur.
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Jensen v. Jensen, 824 So. 2d 315 (Fla. 1st DCA 2002)…that can be retroactively applied since the amendment furthers the remedy or confirms the rights already established in section 61.30, Florida Statutes. Arze v. Sadough-Arze, 789 So. 2d 1141, 1144-45 (Fla. 4th DCA 2001). See also Guttler v. Guttler, 798 So. 2d 888 (Fla. 4th DCA 2001); Undercuffler v. Undercuffler, 798 So. 2d 867 (Fla. 4th DCA 2001). We agree with the Fourth District Court of Appeal and find that the 2001 legislative amendment does confirm the rights in section 61.30, Florida Statutes. Prior…
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Migliore v. Harris, 848 So. 2d 1250 (Fla. 4th DCA 2003)…ever a particular shared parental arrangement provides that each child spend a substantial amount of time with each parent, the court shall adjust any award of child support .... ” § 61.30(ll)(b). This provision is mandatory. See Guttler v. Guttler, 798 So. 2d 888 (Fla. 4th DCA 2001). Section 61.30(ll)(b)10. defines a “substantial amount of time” as occurring when “the noncustodial parent exercises visitation at least 40 percent of the overnights of the year.” Based on the plain language of the statute, the…
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Buhler v. Buhler, 913 So. 2d 767 (Fla. 5th DCA 2005)…rd of child support....” Section 61:30(11)(b)(10), Florida Statutes (2003), defines a “substantial amount of time” to mean “that the noncustodial parent exercises visitation at least 40 percent of the overnights of the year.” See Guttler v. Guttler, 798 So. 2d 888, 889 (Fla. 4th DCA 2001). Applying this provision is mandatory. Cheverie v. Cheverie, 898 So. 2d 1028, 1029 (Fla. 5th DCA 2005); see Seiberlich v. Wolf, 859 So. 2d 570, 571 (Fla. 5th DCA 2003); Migliore v. Harris, 848 So. 2d 1250, 1252 (Fla. 4th DCA…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mauricio A. Arze v. Soheila Sadough-Arze, 789 So. 2d 1141 (Fla. 4th DCA 2001)