Saturday, September 22, 2012

Second District Reverses Child Support Award

The Second District Court of Appeal reversed yesterday in Hoffman v. Hoffman, a case in which the lower court had found an income of $3,000.00 a month for the former husband.  The basis for this finding was that the court determined that it was unable to use the former husband’s actual income, earned in China, based on the different standard of living in that country and the U.S..  The lower court stated that “what I’ve decided to do is – and I did this on sort of a pro rata ratio-type thing in my mind – decide that his net monthly income is the equivalent of earning in the U.S. $3,000 per month.”  The Second District Court found that there was no evidence in the record supporting the trial court’s determination of the $3,000.00 figure, or any imputation of income which would raise the former husband’s income to that amount.  As such reversal and remand was required.

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