5D03-492 Seiberlich v. Wolf

State: Florida

Court: Florida Fifth District Court

Docket No: 5D03-492

Case Date: 11/17/2003

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2003

RICHARD F. SEIBERLICH, Appellant, v. SHERRY E. WOLF, f/k/a SHERRY E. SEIBERLICH, Appellee. _________________________________/ Opinion filed November 21, 2003 Appeal from the Circuit Court for Marion County, Carven D. Angel, Judge. Richard F. Seiberlich, Ocala, Pro se. No Appearance for Appellee. CASE NO. 5D03-492

TORPY, J. In this child support modification proceeding, Appellant sought a reduction in his support obligation based upon a reduction in his income and his having the child a "substantial amount of time" pursuant to a shared parental arrangement. The trial court granted the reduction based on Appellant's income change but denied a further reduction due to the time sharing arrangement. Because the lower court based its decision to deny the further reduction on an incorrect legal premise, we reverse and remand this cause for further consideration.

In connection with their divorce proceeding, the parties entered into a settlement agreement in December of 2000, which was incorporated into a final judgment. Under the agreement, Appellee was given primary residential responsibility of the parties' minor child, and Appellant was ordered to pay child support based upon the guidelines but without reduction due to substantial time sharing. Appellant was granted visitation amounting to slightly over 45% of the total overnights. In July of 2001, Appellant petitioned for a downward modification of his child support obligation alleging a substantial change in his circumstances and further requesting that the child support guidelines be followed. On January 13, 2003, the trial court entered an order granting a reduction in child support but rejecting Appellant's argument that he was entitled to a further reduction based on the fact that he met the statutory definition of having the child a "substantial amount of time."

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