State, Department of Revenue ex rel. Zeoli v. Kline

Summary

The Florida appellate court held that a child-support adjustment based on substantial time spent with a noncustodial parent must be made pursuant to a qualifying parenting plan. Because the hearing officer's unsigned visitation stipulation was neither agreed to by the parents nor established by the circuit court and did not establish a time-sharing schedule, the court reversed and remanded.

Holdings

1. An adjustment to the presumptive child-support amount for substantial time spent with a noncustodial parent must be based on time-sharing pursuant to a parenting plan as required by sections 61.30(11) and 61.046, Florida Statutes.
2. The unsigned document created by the hearing officer did not qualify as a parenting plan because it did not reflect an agreement of the parents, did not establish a time-sharing schedule, and was not established by the circuit court.

Questions Presented

1. Whether a child-support adjustment for substantial time spent with a noncustodial parent may be based on an informal time-sharing arrangement or an unsigned document that does not qualify as a parenting plan under Florida law.
2. Whether the trial court's child-support order could stand when the adjustment was not made pursuant to a parenting plan established or approved as required by statute.

Disposition

reversed_and_remanded