Chaney v. Fife
Docket: No. 1D09-0162
Court: District Court of Appeal of Florida; September 10, 2009; Florida; State Appellate Court
Lucinda Lynn Chaney appeals a trial court order regarding paternity, custody, and child support. The appellate court reverses the trial court's determinations related to child support, the federal dependency tax credit transfer, distribution of non-covered medical expenses, and the award of attorney’s fees due to insufficient record support and lack of factual findings. The court emphasizes that a party's net income must be backed by competent evidence, which was lacking in this case concerning federal tax liability calculations. Consequently, the child support determination, based on the combined net income of both parties, is reversed. The court also finds ambiguity in whether the dependency tax credit's transfer was considered in the child support calculation, leading to a conclusion that the trial court abused its discretion by awarding it to Brent Freeman Fife without adequate justification. Furthermore, the trial court's allocation of 75% of non-covered medical expenses to the appellee is found to be incorrect, as expenses should align with each parent's share of child support. The appellate court directs that future determinations either integrate these expenses into the basic child support obligation or allocate them according to the support percentage. Lastly, the appellate court reverses the $5,000 award for attorney’s fees because the trial court did not demonstrate that it considered the parties' financial circumstances or the reasonableness of the fees and hours expended. The appellate court remands the case for the trial court to provide necessary factual findings and allows for the introduction of additional evidence as needed. The decision is affirmed in part and reversed in part.