Jeffrey J. Gilberts v. Danielle Manderino-Gilberts

Summary

The Fifth District Court of Appeal of Florida reversed an amended final judgment modifying child support in a dissolution matter. The court held that the trial court improperly changed the child-support amounts established in the parties’ marital settlement agreement and deviated from the statutory guidelines without the required specific written findings. The case was remanded for entry of a compliant written order or further proceedings.

Holdings

1. Absent a substantial change in circumstances or a finding that the agreement is contrary to the child's best interests, a trial court generally may not order a different child-support amount from that agreed upon in a clear and unambiguous marital settlement agreement.
2. A deviation from the child-support guidelines by more than five percent must be supported by specific written findings explaining why the guideline amount would be unjust or inappropriate; failure to make those findings constitutes reversible error.

Questions Presented

1. Whether the trial court impermissibly changed the child-support amounts and step-down provisions established in the parties' clear and unambiguous Marital Settlement Agreement.
2. Whether the trial court could deviate from the child-support guidelines by more than five percent without specific written findings explaining why the guideline amount would be unjust or inappropriate.
3. Whether the trial court violated the appellant's due-process rights by ordering an upward child-support deviation that the appellee had not sought.

Disposition

reversed_and_remanded