WILLIAM ANTHONY IANNI
v.
DARIA ANN IANNI

Fla. 5th DCA | 2020-05-08
No. 18-3082
Turner, J., Evander, C.J., Eisnaugle, J., Sasso, J.
Florida District Court of Appeal, Fifth District (2020)

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Holding

A trial court must consider a former husband's mortgage payments on the marital home during the pendency of a dissolution action when determining his retroactive child support obligation.


Headnotes

[1] A trial court must consider a former spouse's mortgage payments on the marital home made during the pendency of a dissolution action when calculating retroactive child su…

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Key Quotes

“former husband's mortgage payments on parties' marital home during course of marital dissolution action were required to be considered when determining retroactive child support obligation”

Court's explanation of the error in the trial court's child support calculation, citing Johnson v. Johnson, 268 So. 3d 203, 205 (Fla. 5th DCA 2019)

Facts & Procedural History

William Ianni appealed a final judgment of dissolution of marriage entered by the trial court. The trial court determined Ianni's retroactive child su…

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Opinion of the Court
Remanded. Evander

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

WILLIAM ANTHONY IANNI,

Appellant,

v. Case No. 5D18-3082

DARIA ANN IANNI,

Appellee.

________________________________/

Opinion filed May 8, 2020

Appeal from the Circuit Court for Brevard County, George B. Turner, Judge.

Mark S. Peters, of Eisenmenger, Blaue & Peters, P.A., Viera, for Appellant.

Maureen Monaghan Matheson, of Matheson Appellate Law, P.A., Satellite Beach, for Appellee.

PER CURIAM.

William Ianni (“former husband”) appeals the entry of a final judgment of dissolution of marriage. We reverse as to one issue, but otherwise affirm. In determining former husband’s retroactive child support obligation, the trial court erred in failing to consider the mortgage payments paid by former husband during the pendency of the litigation. See Johnson v. Johnson, 268 So. 3d 203, 205 (Fla. 5th DCA 2019) (holding that former

2 husband’s mortgage payments on parties’ marital home during course of marital dissolution action were required to be considered when determining retroactive child support obligation).

AFFIRMED, in part; REVERSED, in part; and REMANDED.

EVANDER, C.J., EISNAUGLE and SASSO, JJ., concur.


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