Benjamin Aaron Street v. Heather Mary Street

IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
BENJAMIN AARON STREET, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D15-5452
HEATHER MARY STREET,
Appellee.
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Opinion filed September 8, 2016.
An appeal from the Circuit Court for Okaloosa County.
Michael Flowers, Judge.
David A. Carroll, Pensacola, for Appellant.
David J. Oberliesen of Oberliesen Law Firm, P.A., Fort Walton Beach, and Tonya
Holman, Shalimar, for Appellee.
PER CURIAM.
The former husband raises four issues in this appeal from a final order denying
his supplemental petition to modify the parties’ final judgment of dissolution of
marriage. We affirm Issues I and II without comment. In Issue III, the former
husband argues, and the former wife concedes, that the final order erroneously
reflected a time sharing split of 36% - 64% when the parties’ time sharing split was
actually 40% - 60%. We reverse the portions of the final order reflecting this
scrivener’s error and remand for recalculation of the former husband’s child support
payment to reflect the appropriate time sharing split.
On remand, the trial court should also reconsider the attorney fee award below
as the record on appeal does not demonstrate that factors beyond the former
husband’s ability to pay were considered. See § 61.16, Fla. Stat. (2015) (providing
for fees upon consideration of the financial resources of both parties); Glasgow v.
Wolfe, 878 So. 2d 483, 484 (Fla. 1st DCA 2004) (remanding for the trial court to
make specific factual findings to support and explain its ruling on a motion for
attorney’s fees under section 61.16).
AFFIRMED in part, REVERSED in part, and REMANDED.
ROBERTS, C.J. ,ROWE and MAKAR, JJ., CONCUR.
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