Judkins v. Dep\u2019t of Revenue and Jose Briceno
\nCase No. 4D10-4579<\/p>\n
We represented a mother in her appeal from the Department of Revenue\u2019s child support order. The mother had sought an order requiring the father of her child to pay child support. Specifically, the mother\u2019s application for child support enforcement sought financial contribution from the father for the child\u2019s uncovered medical expenses. At the hearing, the mother introduced evidence that she paid over $10,000 in expenses due to the child\u2019s severe asthma. The Department of Revenue order only awarded the mother $2,800 for this expense. Additionally, the hearing officer\u2019s orally pronounced ruling stated that the mother was entitled to $26,368.00 in retroactive child support, but the written order erroneously stated that the mother was only entitled to $23,368.00.<\/p>\n
On appeal, we argued that the Department had erred in failing to properly consider the child\u2019s uncovered medical expenses and include those expenses in the child support calculation or order Briceno to pay them in accordance with his percentage of child support. We also argued that the written order should be amended to conform to the hearing officer\u2019s oral pronouncement that awarded the mother $26,368.00 instead of $23,368.00. The Fourth District Court of Appeal agreed. The court reversed and remanded the award regarding medical expenses pursuant to section 61.30(8) Florida Statutes (2010), to provide for future uncovered expenses. The court also remanded for the lower tribunal to conform the final order to its oral pronouncement.<\/p>\n
**[Note: At the time of this posting, the Fourth DCA mandate has not issued. The decision will not be final until disposition of a timely filed motion for rehearing.] **<\/em><\/p>\n","protected":false},"excerpt":{"rendered":" Judkins v. Dep\u2019t of Revenue and Jose Briceno Case No. 4D10-4579 We represented a mother in her appeal from the Department of Revenue\u2019s child support order. The mother had sought an order requiring the father of her child to pay child support. Specifically, the mother\u2019s application for child support enforcement sought financial contribution from the…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1811,1807,1806],"tags":[1859,2407,2408,2409,2005,2232,2008,1983,2410,2411],"class_list":["post-2184","post","type-post","status-publish","format-standard","hentry","category-4th-dca-rulings","category-bresky-appellate-cases","category-family","tag-child-support","tag-child-support-calculation","tag-child-support-enforcement","tag-child-support-order","tag-department-of-revenue","tag-florida-statutes","tag-fourth-district-court-of-appeal","tag-medical-expenses","tag-oral-pronouncement","tag-retroactive-child-support"],"acf":[],"_links":{"self":[{"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/posts\/2184","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/comments?post=2184"}],"version-history":[{"count":0,"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/posts\/2184\/revisions"}],"wp:attachment":[{"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/media?parent=2184"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/categories?post=2184"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/tags?post=2184"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}