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Collins v. Collins5/30/2002
early erred or abused its discretion in failing to subtract the amount of the survivor benefit from Lt. Col. Collin's income on the Guidelines form for this period. With respect to the Child Support Guidelines set forth below for the two subsequent time periods at issue in this case, the entire $1,474 monthly payment is considered as income to Dr. Collins.
Finally, Lt. Col. Collins maintains, with respect to all three support awards, that crediting Dr. Collins for $228 a month for the maintenance of health care was erroneous. He argues that she testified only to paying $40.00 per month for Jason's health insurance. Lt. Col. Collins does not point out where in the record this testimony can be found. Dr. Collins ignores this argument altogether.
After conducting a search of the voluminous record in this case, we found that, during cross-examination at the merits hearing, Dr. Collins stated that she pays $40 a month for Jason's dental and health insurance. Moreover, this same amount appears on at least one of her Financial Statements, entered as an exhibit at the hearing. Although the trial court in this case was very thorough, we are unable to find any evidentiary reference to Dr. Collins paying $228 in conjunction with health insurance premiums. Consequently, we shall remand this case for a determination on the correct amount spent by Dr. Collins on health insurance premiums for Jason in each of the periods covered by the child support awards.
B. September 1, 2000 through February 28, 2001
The Child Support Guidelines Worksheet for this period was as follows:
Mother Father Combined
1. Monthly Actual Income - Before Taxes 5673 11377 17050
a. Minus pre-existing child support payment actually paid
b. Minus health insurance premiums (if child included) 228 -- --
c. Minus alimony actually paid
d. Plus/minus alimony awarded in this case 1474 -1474 --
2. Monthly Adjusted Actual Income 6919 9903 16822
3. Percentage of Shared Income Apply line 2 combined to Child Support Schedule 41.1% 58.9% --
4. Basic Child Support Obligation -- -- 1382.5
a. Work-Related Child care expenses Code FL, 12-204(g) -- -- 0
b. Extraordinary Medical Expenses Code FL, 12-204(h) -- -- 0
c. Additional Expenses Code FL 12-204(i) 1250 -- 1250|
5. Total Child Support Obligation (Add lines 4, 4a, 4b, and 4c.) -- -- 2632.5
6. Each Parents Child Support Obligation (line 3 times line 5) 1082 1550 --
7. Recommended Child Support Order (Amount from line 6 for the non-custodial parent) 0 1550 --
In addition to the true amount of the health insurance premium being paid by Dr. Collins, which we have addressed supra, appellant complains that the trial court deviated from the Guidelines. Lt. Col. Collins has agreed to be responsible for his share of Jason's tuition. Therefore, we focus on the "basic child support obligation" of $1,382.50, which exceeds the $1,040 maximum basic obligation in the Guidelines. He argues that, because Dr. Collins did not request child support in excess of the Guidelines, she was not entitled to such an award. In addressing this issue, we shall assume, arguendo, that the health insurance premium is accurately reflected on the award sheet.
It does not matter whether Dr. Collins requested a child support award in excess of the maximum basic obligation actually calculated in the Guidelines. Because the parties' combined adjusted actual income exceeds $10,000, the maximum income expressly addressed by the Guidelines, it is within the trial cour
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