MONTEMURRO v. OBAYA (2024)

ON PARTIAL CONFESSION OF ERROR

Pro se appellant Federico Montemurro, the husband in marriage dissolution proceedings below, appeals the trial court's February 17, 2023 order approving and adopting a January 18, 2023 recommended order of the general magistrate. Specifically, Montemurro asserts that the general magistrate's arrearage calculations for child support and alimony did not take into consideration payments Montemurro had made to appellee Cristina Obaya, the wife.

Regarding the child support payments, the Florida Department of Revenue (DOR)¹ commendably concedes that the general magistrate's recommended order does not account for all of the child support payments that Montemurro made both directly to Obaya and through the central depository. We, therefore, reverse that portion of the trial court's order approving the magistrate's recommendation regarding child support payments, and remand for the trial court to conduct whatever proceedings it deems appropriate to properly calculate any child support arrearages that may be owed by Montemurro. In its concession, DOR takes no position on Montemurro's argument raising error in the alimony arrearage.

Regarding alimony, Montemurro claims that the alimony arrearage calculation, reflected in an affidavit filed with the trial court on the eve of the general magistrate hearing, is incorrect; however, his briefing on this issue is unclear and devoid of specific argument. In the partial transcript Montemurro provided to this Court, there is no testimony about such purported error. In his recommended order, the general magistrate acknowledged that Montemurro continues to owe alimony to Obaya but made no finding as to an alimony arrearage amount. We, therefore, reverse those portions of the trial court's order purporting to approve the magistrate's recommendations regarding alimony, and remand to the trial court for a specific finding on alimony arrearage.

Reversed and remanded with instructions.

FOOTNOTES

1.   Pursuant to section 409.2564(5) of the Florida Statutes, DOR intervened in the dissolution proceedings to establish and enforce the parties’ child support obligations. DOR participated in the parties’ November 16 and 17, 2022 hearing in which retroactive child support was calculated in error.

SCALES, J.