Silver v. Silver

Appellant/former husband, Richard Silver, raises four points in his appeal and appellee/former wife, Joan Silver, raises one point in her cross-appeal of the Final Judgment of Dissolution. We find merit in one of the former husband's issues on appeal and affirm as to the others. We also find merit in the former wife's cross-appeal. The former husband argues that before calculating child support, the trial court did not deduct from his gross income the alimony obligation payable to the former wife as required by section 61.30(3)(g), Florida Statutes (2002).1 That section provides that one of the deductions from gross income shall include ""[s]pousal support paid pursuant to a court order from a previous marriage or the marriage before the court."" Therefore, it is necessary for the trial court to recalculate the amount of child support based upon each parent's net income. In order to determine net income, the former husband is entitled to exclude the amount of his alimony obligation from his gross income. See Weiser v. Weiser, 782 So.2d 986 (Fla. 4th DCA 2001).