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Matheny v. Briggs

Citations: 889 So. 2d 944; 2004 Fla. App. LEXIS 19306; 2004 WL 2924175Docket: No. 5D04-1545

Court: District Court of Appeal of Florida; December 16, 2004; Florida; State Appellate Court

Narrative Opinion Summary

Paternity was established for the minor child of Paul Matheny and Lisa Rachelle Briggs. Key issues on appeal centered around visitation and child support calculations. The appellate court affirmed the trial court's discretion in establishing a visitation schedule, noting that it can vary from a custody evaluator's recommendations without demonstrating an abuse of discretion. However, both parties concurred that the trial court incorrectly calculated the father's child support obligations and arrears, failing to address motions for rehearing that highlighted these errors. Consequently, the appellate court affirmed the judgment regarding paternity and visitation but reversed the child support ruling, remanding the case for a recalculation of child support and arrears. The decision was supported by Chief Judge Sawaya and Judge Monaco.

Legal Issues Addressed

Affirmation of Paternity and Visitation Judgment

Application: The judgment regarding paternity and visitation was affirmed by the appellate court, indicating agreement with the lower court's determinations in these areas.

Reasoning: Consequently, the appellate court affirmed the judgment regarding paternity and visitation but reversed the child support ruling, remanding the case for a recalculation of child support and arrears.

Judicial Discretion in Visitation Scheduling

Application: The appellate court upheld the trial court's discretion in setting a visitation schedule, even when it differs from the custody evaluator's recommendations.

Reasoning: The appellate court affirmed the trial court's discretion in establishing a visitation schedule, noting that it can vary from a custody evaluator's recommendations without demonstrating an abuse of discretion.

Reversal of Child Support Calculation

Application: The appellate court found that the trial court made errors in calculating child support obligations and arrears, warranting a reversal and remand for recalculation.

Reasoning: However, both parties concurred that the trial court incorrectly calculated the father's child support obligations and arrears, failing to address motions for rehearing that highlighted these errors.