Sahar Teymorzadeh Haupt, Former Wife v. Mark Haupt, Former Husband
CourtDistrict Court of Appeal of Florida
Date FiledJanuary 29, 2020
Docket1D19-2383
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D19-2383
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SAHAR TEYMORZADEH HAUPT,
former wife,
Appellant,
v.
MARK HAUPT, former husband,
Appellee.
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On appeal from the Circuit Court for Escambia County.
Linda L. Nobles, Judge.
January 29, 2020
PER CURIAM.
Sahar Teymorzadeh Haupt appeals a final judgment
dissolving her marriage to Mark Haupt. She argues that the trial
court erred by 1) classifying certain properties as marital assets;
2) denying her request for attorney’s fees; and 3) not including Mr.
Haupt’s bonus income in its calculation of child support. We affirm
the first two issues without further comment but reverse on the
third.
The parties produced financial affidavits for the trial court to
consider when making the equitable distribution, calculating child
support, and determining whether it should award attorney’s fees.
In his affidavit, Mr. Haupt included only his base salary in
reporting his gross income. He excluded his bonus income because
the amount varied from year to year. In 2016, Mr. Haupt received
eight percent of his annual salary as a bonus, he received ten
percent in 2017, and forty percent in 2018. For 2019, he expected
to receive less than twenty percent.
Ms. Haupt conceded that Mr. Haupt’s bonus income was not
fixed. But she argued that the bonus income Mr. Haupt received
over the years should be averaged and the average bonus amount
should then be included in Mr. Haupt’s gross income. The trial
court found that Mr. Haupt regularly received bonus income but
declined to include any bonus income in its child support
calculation. The trial court erred in that omission.
Section 61.30, Florida Statutes, identifies the categories of
income a trial court should consider when calculating child support
and provides that
(a) Gross income shall include, but is not limited to,
the following:
1. Salary or wages.
2. Bonuses, commissions, allowances, overtime, tips,
and other similar payments.
The child support statute plainly requires that bonuses be
included in the calculation of gross income. City of Parker v. State,
992 So. 2d 171, 176 (Fla. 2008) (recognizing that where the
language of a statute is clear, it should be given its plain meaning).
And this Court has so held. In Crowley v. Crowley, 672 So. 2d 597,
600 (Fla. 1st DCA 1996), this Court held that the trial court erred
by not including the former husband’s bonus income in its child
support calculation when the record was clear that the former
husband received bonuses in the preceding four years. Id.
As in Crowley, the record here shows that, even though the
amount varied, Mr. Haupt received a bonus each year from 2016-
2018, and he anticipated bonus income in 2019. Thus, the trial
court was required to include Mr. Haupt’s bonus income when
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calculating his gross income. We reverse and remand for the trial
court to recalculate child support. We affirm the remaining issues.
AFFIRMED in part, REVERSED in part.
ROBERTS, ROWE, and BILBREY, 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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E. Jane Brehany, Pensacola, for Appellant.
Jill W. Warren, Pensacola, for Appellee.
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