Cooper v. Cooper

19 So.3d 421

Michael Grant COOPER, Appellant, v. Janai COOPER, Appellee.

No. 4D08-2209.

District Court of Appeal of Florida, Fourth District.

September 23, 2009.

Rehearing Denied November 12, 2009.

Amy D. Shield of Amy D. Shield, P.A., Boca Raton, and Sullivan & Sullivan, Vero Beach, for appellant.

A. Julia Graves of Graves, Hill & Colton, P.A., Vero Beach, for appellee.

KAPLAN, MICHAEL G., Associate Judge.

The Appellant, Michael Grant Cooper, timely appeals a final order of dissolution of marriage, which established his child support obligation for two minor children and further awarded the former wife a portion of her attorney's fees. Because we find that the trial court abused its discretion in its calculation of child support, we reverse as to that portion of the final order and remand for recalculation. The trial court was within its discretion in ordering that the former husband pay a portion of the former wife's attorney's fees such that that portion of the final judgment is affirmed.

The parties have two minor children, Dakodah, age ten, and Hayden, age two. The former wife filed her Petition for Dissolution of Marriage on July 25, 2007. Thereafter, the parties entered into a partial marital settlement agreement which was intended by the parties to be introduced into evidence in the marital dissolution trial and incorporated in the final judgment. The agreement notes that the parties had not agreed on child support, but states that the parties would continue to handle payment of the daycare as they had in the past with the former wife being responsible for Dakodah's after school care and the former husband being responsible for Hayden's daycare. The former wife testified that the former husband is paying the daycare for the younger child of $115.00 or $117.00 each week and that she pays the older child's after care. She also pays $300.00 per month for health insurance for the children.

At trial, conflicting evidence was presented as to whether the former husband was a 10% owner of PC & S Tile or whether his mother was the 100% owner. The former husband's mother testified that her son owned 10% of the business, but that the company's profit was never distributed to herself or her son.

In the final judgment of dissolution of marriage, the trial court found that the former wife paid $173.00 per month in health insurance costs for the children. The court also found that the former husband's W-2 income should be increased by $36,000.00 in income, based on "his ownership interest in the business and the various benefits and perks that the business has paid on the husband's behalf." The trial court awarded child support pursuant to the child support guideline worksheet, based upon the parties' incomes and without giving credit to either parent for daycare expenses incurred by them or health insurance payments made by the former wife.

A child support determination is within the sound discretion of the trial court, subject to the statutory guidelines and the reasonableness test. Ondrejack v. Ondrejack, 839 So.2d 867 (Fla. 4th DCA 2003). Section 61.30, Florida...