GUTTLER v. GUTTLER (2001)

We affirm the final judgment in all respects but one.

The trial court found that under the statutory guidelines, total child support was $1,251 per month.   The court failed to properly apply section 61.30(11)(b), Florida Statutes (1999), which provides that the court “shall adjust any award of child support” when a shared parental arrangement provides that a child spends a “substantial amount of time with each parent.”  Id. (Emphasis supplied).

 In this case, the child will spend 46% of his time with the father, an amount that meets the statutory definition of “substantial.”   See Arze v. Sadough-Arze, 789 So.2d 1141, 1144 (Fla. 4th DCA 2001) (holding that when a child spent 44% of his time with the husband it was “substantial” under the statute).   We note that the 2001 amendment to section 61.30(11) defines a “substantial amount of time” as meaning “that the noncustodial parent exercises visitation at least 40 percent of the overnights of the year.”   Ch.2001-158, § 16, at 19, Laws of Fla.

 On remand, the trial court shall apply the amended version of section 61.30, which took effect on July 1, 2001.  Ch.2001-158, § 16, Laws of Fla.;   see Arze, 789 So.2d at 1144-45 (pointing out that the 2001 amendments to section 61.30(11) were “remedial legislation that may be retroactively applied”).

PER CURIAM.

GUNTHER, WARNER and GROSS, JJ., concur.