REBECCA L. CAMUS, APPELLANT,
v.
ALAN C. PROKOSCH, APPELLEE
Explore caselaw by topic → Browse Tax Consequences cases and more on FLexlaw
PER CURIAM.
This is an appeal from a final judgment of paternity and child support. We find that the trial court abused its discretion by failing to award retroactive child support, as there is evidence of the child’s need and Father’s ability to pay. Beal v. Beal, 666 So. 2d 1054 (Fla. 1st DCA 1996). The trial court also erred in transferring the tax dependency exemption from Appel-lantiMother to Appellee/Father because there is no evidence in the record to show that the trial court considered the tax consequences of transferring the exemption. McDaniel v. McDaniel, 835 So. 2d 1265, 1268 (Fla. 1st DCA 2003). Additionally, the transfer was not conditioned on Father remaining current with his child support payments. Robertson v. Bretthauer, 712 So. 2d 1140 (Fla. 3d DCA 1998); Fenner v. Fenner, 599 So. 2d 1343 (Fla. 4th DCA 1992). We therefore reverse the final judgment and remand for proceedings consistent with this opinion. We affirm all other issues without further discussion.
AFFIRMED, in part, REVERSED, in part, and REMANDED.
KAHN, C.J., PADOVANO and THOMAS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Walreka Geddies v. Geddies, 43 So. 3d 888 (Fla. 1st DCA 2010)…band be current in his child support payments. See § 61.30(ll)(a)8., Fla. Stat. (authorizing the trial court to order a parent to execute a waiver of the dependency exemption “if the paying parent is current in support payments”); Camus v. Prokosch, 919 So. 2d 679 (Fla. 1st DCA 2006) (reversing and remanding for further proceedings where transfer of exemption was not conditioned on being current in support payments). Accordingly, we affirm the final judgment of dissolution but remand for the trial court to co…
Authorities Cited
- Robertson v. Bretthauer, 712 So. 2d 1140 (Fla. 3d DCA 1998)
- Fenner v. Fenner, 599 So. 2d 1343 (Fla. 4th DCA 1992)
- McDANIEL v. McDANIEL, 835 So. 2d 1265 (Fla. 1st DCA 2003)
- Montadas v. Dade Scrap Iron & Metal, Inc., 666 So. 2d 1054 (Fla. 3d DCA 1996)
- Beal v. Beal, 666 So. 2d 1054 (Fla. 1st DCA 1996)