08-0835 JOHN A. SMITH, v. STATE OF FLORIDA, DEPARTMENT OF REVENUE, by and on behalf of EMMA O. SMITH

State: Florida

Court: Florida First District Court

Docket No: 08-0835

Case Date: 10/29/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JOHN A. SMITH, Appellant, v. STATE OF FLORIDA, DEPARTMENT OF REVENUE, by and on behalf of EMMA O. SMITH, Appellee. ___________________________/ Opinion filed October 29, 2008. An appeal from the Circuit Court for Bay County. Judy Pittman, Judge. Gerard M. Virga, Panama City, for Appellant. Bill McCollum, Attorney General, William H. Branch, Assistant Attorney General, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. CASE NO. 1D08-835

PER CURIAM. Appellant seeks review of the trial court's order requiring him to pay child support. Because the record does not contain competent evidence of Mother's income or her earning ability to support the imputation of income, we reverse the amount of

the child support awarded and remand for a redetermination of the amount of support to be awarded in light of Appellant's and Mother's income. The trial court's order is otherwise affirmed. AFFIRMED in part, REVERSED in part, and REMANDED. BARFIELD, ALLEN, and THOMAS, JJ., CONCUR.

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