4D07-4175-Martland v. Arabia

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State: Florida

Court: Florida Fourth District Court

Docket No: 4D07-4175

Case Date: 07/02/2008

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
January Term 2008

KRISTEN MARTLAND, Appellant, v. FRANKIE ARABIA, Appellee. No. 4D07-4175 [ July 2, 2008 ] TAYLOR, J. Kristen Martland appeals a modification order which set her child support award at well below the statutory guideline amount. She maintains that the trial court erred in applying a downward departure from the guideline on account of the father's poor financial condition without considering her even worse financial condition. We agree and reverse for entry of an order for guideline support. We also order reconsideration of the trial court's denial of retroactive support in light of this new child support obligation amount. Frankie Thomas Martland-Arabia was born on September 30, 2002 in Jupiter, Florida. Thereafter, the mother, Kristen Martland, relocated with the child to Connecticut. On November 17, 2003, a Connecticut trial court entered a final judgment which incorporated the parties' child custody agreement. Although the agreement impliedly provided for the mother to have custody of the minor child and granted the father specific visitation rights, it did not provide for child support. The mother moved back to Florida with the child in May 2004. On August 16, 2004, the former wife moved to domesticate and modify the Connecticut judgment, seeking child support. The father's financial affidavit was filed on August 21, 2007. The father, an audio-visual installer, earns a monthly gross income of $2,294.28. His net monthly income is $1,852.94. He lists the following expenses, among others:

Mortgage or rent Telephone Food Meals outs. home Car payment Gasoline Car Repairs Car Insurance

$700 $135 $200 $120 $342 $200 $ 35 $331

His total monthly expenses are $2,338.00. The mother, a bartender, claims a monthly gross salary of $500.83 and monthly tips of $916.95, for a gross monthly income of $1,417.78 and a net monthly income of $1,356.14. She lists the following expenses, among others: Mortgage or rent Utilities Telephone Food Gasoline Car insurance Day care Medical insur. $500 $130 $90 $560 $200 $80 $580 $180

Her total monthly expenses are listed as $3,030, for a net monthly deficit of $1,673.86. The trial court found that if it used the statutory guideline amount, the father's child support would be $639. "That would leave him, under the court's calculation, with $1,277 for living expenses." After citing Alois v. Alois, 937 So. 2d 171 (Fla. 4th DCA 2006), the court first noted that it calculated the husband's net income to be $1,916, rather than the number he provided. The court then totaled his "essential payments to live (hard expenses)," which totaled $1770. He then subtracted that figure from the true net income of $1916 and awarded the difference of $146 as the child support obligation, "pursuant to Alois." The trial court also found that the father had no ability to pay support at all until his housing expense was reduced by $180; thus it determined that no retroactive support was owed. The abuse of discretion standard controls our review of trial court orders in child support modification proceedings. Alois, 937 So. 2d at
2

175. A parent has the obligation to support his or her minor children. Finn v. Finn, 312 So. 2d 726, 730 (Fla. 1975). The starting point for determining the amount of support owed is set forth in the child support guideline. See

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