Department of Revenue Ex Rel. Shirer v. Shirer
197 So. 3d 1260
Fla. Dist. Ct. App.2016Background
- Two children (T.S. and K.S.) adjudicated dependent in 2012; both parents previously found to have intellectual disabilities (Father IQ 75, Mother IQ 70). Children placed with paternal grandparents.
- Dependency dispositional order required parents to comply with any child support orders and noted parents lacked "ordinary capacity" to pay; compliance with assistance applications satisfied case plan.
- Department of Revenue filed a petition (May 2014) seeking current and retroactive child support from Father; Father did not respond to discovery and did not appear at the hearing.
- Department submitted worksheets showing Father’s 2014 gross monthly income of $2,178.37 ($1,413.94 net) yielding guideline support of $475/month for two children; worksheets used three quarters of 2014 earnings to compute a monthly average.
- Trial court denied the Department’s petition, reasoning (1) one child (T.S.) receives SSI of $789/month which the court treated as sufficient to meet both children’s needs, and (2) prior finding that Father lacked ordinary capacity to pay child support compelled denial.
- Department appealed; appellate court reversed and remanded, finding legal errors and instructing the trial court to apply statutory guideline procedures and exclude child SSI from reducing parental obligation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether child SSI may reduce parent’s guideline support obligation | Dept.: SSI to child should not reduce parental obligation; Department sought guideline calculation without deducting SSI | Trial court/implicit Father: Child’s SSI covers needs, so no parental support required | Court: SSI receipt by child cannot be used to reduce parent's child support obligation; trial court erred in relying on SSI |
| Whether prior finding that parents lacked "ordinary capacity" to pay bars later child support | Dept.: Prior finding does not preclude later inquiry into current ability to earn income | Trial court: Prior finding compels denial—parents lack capacity and thus cannot be ordered to pay | Court: Prior finding is a factor but does not automatically bar imposition of support; trial court must assess current ability to earn income |
| Whether Department proved Father’s income sufficiently to establish presumptive guideline amount | Dept.: Suntax wage data and 2014 quarters establish $2,178.37 gross/month and presumptive guideline of $475 | Father/no appearance: Earnings history sporadic; recent high quarters may be anomalous | Court: Department’s use of three anomalous quarters failed to provide competent, substantial evidence of recurring income; presumptive guideline not established by that proof |
| Whether court followed statutory child support computation procedure | Dept.: Trial court failed to perform statutory calculations under section 61.30 | Trial court: Practically declined to perform calculations, relying on SSI and prior disability finding | Court: Trial court must follow section 61.30(2) steps on remand and may hold further hearings; reversal and remand ordered |
Key Cases Cited
- Wallace v. Dep't of Revenue ex rel. Cutter, 774 So. 2d 804 (2d DCA 2000) (child SSI cannot be used to reduce parents' support obligation)
- Seward v. Fla. Dep't of Revenue ex rel. McClellan, 794 So. 2d 614 (2d DCA 2001) (standard for modification of child support reviewable for abuse of discretion)
- Hoffman v. Hoffman, 98 So. 3d 196 (2d DCA 2012) (child support awards must be based on competent, substantial evidence of net income)
- Finney v. Finney, 995 So. 2d 579 (1st DCA 2008) (application of statutory child support guidelines reviewed de novo)
- Ford v. Ford, 816 So. 2d 1193 (4th DCA 2002) (child's personal income intended for the child's special needs and may not reduce parental duty)
- Rudnick v. Harman, 162 So. 3d 116 (4th DCA 2014) (court may reject imputation based on extraordinary, non-recurring income)
- Alich v. Clapp, 926 So. 2d 467 (4th DCA 2006) (imputation of income requires support from employment potential, history, qualifications, and prevailing wages)
- Lauro v. Lauro, 757 So. 2d 523 (4th DCA 2000) (trial court should not base ongoing support on an anomalously high year absent evidence of continuity)