Palm Beach County Divorce Lawyer

Palm Beach County Divorce Lawyer Christopher R. Bruce observed the following case from Florida’s Fourth District Court of Appeal:

Case:               Knudson v. Drobnak

Court:             Fourth District Court of Appeal.

Trial Judge:   Paul B. Kanarek.

Attorneys:      Roger Levine and Amy D. Shield, Charles A. Sullivan.

Issues:             Child Support.

Holding:          The award of childcare costs must be based on factual findings using substantial competant evidence. It is an error to award child  care costs in the absence of evidence they were incurred. This includes calculations made in circumstances involving arrearages. In this case, the trial court erred by including in the calculating arrearages, certain childcare costs not actually incurred by the respondent mother record confirms the father’s contention, we reverse and remand for the trial court to recalculate the arrearages. The mother’s childcare expenses were included in the court’s calculation of the modified child support obligation. However, the order on appeal contains no indication that the father’s arrearages were credited for the period of time the mother did not actually incur childcare expenses. For certain purposes, “incurred” childcare costs are required to be added to the basic obligation in calculating child support. The matter was remanded to the trial court to recalculate the arrearages, subtracting childcare expenses.

Christopher R. Bruce is a Divorce Lawyer with the law firm of Nugent Zborowski & Bruce. Mr. Bruce’s law practice is limited to the mediation, litigation and appeals of divorce and family law matters. His practice is throughout South Florida, including Palm Beach Gardens, Boca Raton, West Palm Beach, and other areas throughout Palm Beach County, Martin County and Broward County. To speak with Mr. Bruce, or another member of the firm, call (561) 844-1200.