Andrew R. Moody v. Natalia Yevgenyevna Moody, N/K/A Natalia Yevgenyevna Arrington
CourtDistrict Court of Appeal of Florida
Date FiledMay 11, 2021
Docket1D20-0778
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D20-778
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ANDREW R. MOODY,
Appellant,
v.
NATALIA YEVGENYEVNA MOODY,
n/k/a NATALIA YEVGENYEVNA
ARRINGTON,
Appellee.
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On appeal from the Circuit Court for Wakulla County.
Kevin J. Carroll, Judge.
May 11, 2021
PER CURIAM.
ON MOTION FOR REHEARING AND/OR REHEARING EN
BANC AND WRITTEN OPINION
On consideration of Appellant’s motion for rehearing and
Appellee’s amended response stipulating that it is clear on the face
of the order being appealed that the trial court erroneously used
the parties’ gross incomes in calculating child support, we
withdraw our per curiam affirmance dated March 17, 2021, grant
Appellant’s motion for rehearing in part, and substitute the
following opinion in its place.
Appellant, Andrew R. Moody, appeals the trial court’s Order
on Remand and Ruling on Other Pending Matters, raising several
issues, only one of which merits discussion. Appellant argues, and
Appellee stipulates, that it is clear on the face of the order that in
calculating child support, the trial court erroneously used the
parties’ gross incomes and failed to subtract any allowable
deductions. Section 61.30, Florida Statutes (2019), sets forth the
child support guidelines, and it requires a trial court to compute
each parent’s net income by subtracting allowable deductions such
as federal income tax from his or her gross income and to
determine each parent’s percentage share of the child support need
by dividing each parent’s net monthly income by the combined net
monthly income. § 61.30(3)(a), (4), (9) Fla. Stat. (2019); see also
Finney v. Finney, 995 So. 2d 579, 581 (Fla. 1st DCA 2008)
(explaining the steps a trial court must take in determining child
support pursuant to the statutory guidelines set forth in section
61.30). Because the trial court’s order and the attached child
support guidelines worksheets reflect that the court determined
child support using the parties’ gross incomes, without subtracting
allowable deductions, we reverse the order and remand for further
proceedings consistent with this opinion. See Marini v. Kellett, 279
So. 3d 248, 254 (Fla. 5th DCA 2019) (reversing because the trial
court improperly calculated child support using the parties’ gross
incomes). We affirm the order in all other respects.
AFFIRMED in part, REVERSED in part, and REMANDED with
directions.
LEWIS, ROBERTS, and NORDBY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Andrew R. Moody, pro se, Appellant.
Edward W. Horan, Tallahassee, for Appellee.
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