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Montante v. Montante

Citations: 659 So. 2d 1393; 1995 Fla. App. LEXIS 9624; 1995 WL 540284Docket: No. 94-2028

Court: District Court of Appeal of Florida; September 13, 1995; Florida; State Appellate Court

Narrative Opinion Summary

In the case at hand, the appellant, Rose Marie Montante, challenges the trial court's judgment on a petition for modification concerning child support payments. The central issue revolves around offset credits claimed by the respondent, Philip J. Montante, for voluntary medical payments totaling $1,870.29 and an additional $2,000.00 for orthodontic treatment for their child. The appellant contends that the $2,000.00 offset is redundant, whereas the respondent suggests any duplication would be limited to $700.00. The appellate court identified inconsistencies in the medical bills and the total deductions acknowledged by the trial court, which did not align with a total of $3,807.29. Consequently, the appellate court reversed the trial court's decision on the offset credits and remanded the matter for recalculation of the orthodontic and medical expenses. In contrast, the appellate court affirmed the other elements of the trial court's judgment, resulting in a decision that was affirmed in part, reversed in part, and remanded for further proceedings.

Legal Issues Addressed

Appellate Review of Trial Court's Judgment

Application: The appellate court affirmed parts of the trial court's decision while reversing and remanding others, demonstrating a partial agreement with the trial court's findings.

Reasoning: The appellate court affirmed the other aspects of the trial court's judgment. The decision was affirmed in part, reversed in part, and remanded for further proceedings.

Recalculation of Child Support Offset Credits

Application: The appellate court requires the trial court to reassess and recalculate the offset credits for medical payments and orthodontic treatment due to discrepancies in the amounts.

Reasoning: Consequently, the appellate court reversed the decision regarding the offset credits and remanded the case for the trial court to recalculate the appropriate amounts, focusing on the orthodontic and medical expenses for Alethea.