Tuesday, November 11, 2014

Wife not required to pay daycare costs where oral pronoucment was that expenses would be shared per same % used for calculating child support.

In CAMERON v. CAMERON, 39 FLW D1838a (Fla. 5th DCA) in case no. 5D13-3723 in an opinion filed on August 29, 2014, the DCA found error in the inclusion of a provision obligating the Wife to pay daycare expenses incurred after child began a voluntary preK where the trial court had orally pronouned that daycare expenses woud be shared per the percentage reflected in the child support guideline worksheet filed. The court also found error in the calcuation of the Wife's income for child support purposes where the amount her employer contributed to her health insurance costs were included in her gross income, without subtracting the same amounts in determining her net income.
Full opinion follows:
(PER CURIAM.) Cori Cameron (“Wife”) appeals from a final judgment of dissolution of marriage. She contends that the trial court erred in its child support calculations by including in Wife's gross income amounts that the employer contributed to her health insurance costs without subtracting a corresponding amount in determining her net income. Christopher Cameron (“Husband”) concedes error.
Wife also argues that the final judgment did not conform to the trial court's oral pronouncement regarding the responsibility for daycare expenses incurred after the child began voluntary prekindergarten in August 2013. The trial court orally pronounced that these expenses would be shared in the same percentage(s) utilized for the purpose of calculating child support.1 However, the final judgment imposed the obligation to pay these expenses entirely upon Wife. Husband again concedes error.2
On remand, after redetermining Wife's net income, the trial court is directed to recalculate child support, child support arrearages, and each party's respective share for child care expenses.
REVERSED and REMANDED. (EVANDER, BERGER and LAMBERT, JJ., concur.)
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1The final judgment provided for an equal time-sharing arrangement.
2The two issues presented in this appeal were unsuccessfully raised in Wife's motion for rehearing.

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