Elizabeth B. McWilson v. Gary J. McWilson

IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
ELIZABETH B. MCWILSON, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D15-4123
GARY J. MCWILSON,
Appellee.
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Opinion filed June 9, 2016.
An appeal from the Circuit Court for Escambia County.
Gary L. Bergosh, Judge.
Stephen A. Pitre of Clark, Partington, Hart, Larry, Bond & Stackhouse, Pensacola,
for Appellant.
No appearance for Appellee.
PER CURIAM.
In this dissolution of marriage action, the former wife raises several issues
challenging the court’s distribution of the marital home, calculation of child support,
and parenting plan. We affirm the distribution of the marital home and parenting
plan without further comment, but agree with the former wife that the gross income
used on the child support guidelines worksheet did not match the figures on the
parties’ most recent financial affidavits. Absent findings explaining the disparity,
we cannot determine whether the award was made in accordance with the guidelines
in section 61.30, Florida Statutes, and we thus reverse and remand for
recalculation. See Smith v. Smith, 996 So. 2d 924, 926 (Fla. 1st DCA 2008).
Further, the adjustment to the former husband’s child support responsibility
based on his estimated monthly travel expenses for visitation resulted in an
allocation of approximately ninety-seven percent of those expenses to the former
wife. Visitation travel expenses should be allocated “in the same guidelines ratio as
govern[s] allocation of the other child care expenses, unless the trial court makes
findings explaining why a different allocation ‘is needed to achieve an equitable
result.’” Miller v. Miller, 826 So. 2d 480, 481 (Fla. 1st DCA 2002) (quoting section
60.30, Florida Statutes). On remand, the court may divide the travel expenses
according to the ratios in the recalculated child support award or make findings to
support a differing allocation. Id.
REVERSED AND REMANDED.
WOLF, ROWE, and MAKAR, JJ., CONCUR.
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