Florida District Courts of Appeal, 1989

Stearns v. Smith

Stearns v. Smith
Florida District Courts of Appeal · Decided May 3, 1989 · Danahy, Frank, Parker
542 So. 2d 460; 14 Fla. L. Weekly 1116; 1989 Fla. App. LEXIS 2382; 1989 WL 45405 (Southern Reporter, Second Series)

Stearns v. Smith

Opinion of the Court

PER CURIAM.

We reverse the trial court’s child support award of $300 per month. There is no competent, substantial evidence that appellant had the ability to pay that amount or that the child’s needs exceeded $270 per month. The case is remanded for reconsideration of the award. At this proceeding the trial court may take additional testimony on all of appellant’s available income and assets and the child’s pro rata share of the father’s housing, food, utilities, and transportation expenses.

Reversed and remanded with directions.

DANAHY, A.C.J., and FRANK and PARKER, JJ., concur.

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