JONES III v. JONES (2019)

Former husband ^* appeals the final judgment of dissolution of marriage, raising six issues. We affirm as to all but two: allocation of the cost of uncovered medical expenses and the calculations of the ongoing and retroactive child support. First, we reverse and remand with instruction for the trial court to properly apportion the uncovered medical expenses, as required by law. See § 61.13(1)(b), Fla. Stat. (2019). Second, we reverse and remand with instruction for the trial court to recalculate the ongoing child support and for further proceedings to determine recalculation for retroactive child support. At the time of the final judgment, former husband was ordered to pay ongoing child support for three minor children, yet his eldest daughter had reached the age of majority six months prior. The ongoing child support must be recalculated from September 2018 to account for only the two minor children. Additionally, changes in the Child Support Guidelines Worksheets for the additional retroactive period of child support obligation reflect increases in former husband's net monthly income and self-employment taxable income for the fifteen-month period between January 2017 and April 2018. An award of retroactive child support is “subject to the obligor's demonstration of his or her actual income ․ during the retroactive period.” § 61.30(17)(a), Fla. Stat.

Affirmed in part, Reversed and Remanded, in part.

FOOTNOTES

FOOTNOTE.   A suggestion of death indicating that Appellant died on October 21, 2019, was filed on November 26, 2019.

Per Curiam.

Makar, Bilbrey, and M.K. Thomas, JJ., concur.