Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
GABRIEL EREADURA OYEBANJI v. CARMELISHA COLLIER
Date: 04-11-2022
Case Number: 1D21-1983
Judge: Maureen Horkan
Court:
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
On appeal from The e Circuit Court for Duval County
Plaintiff's Attorney:
Tallahassee, Florida - Best Divorce Lawyer Directory
Tallahassee, Florida - Best Divorce Lawyer Directory
Tell MoreLaw About Your Litigation Successes and MoreLaw Will Tell the World.
Re: MoreLaw National Jury Verdict and Settlement
Counselor:
MoreLaw collects and publishes civil and criminal litigation information from the state and federal courts nationwide. Publication is free and access to the information is free to the public.
MoreLaw will publish litigation reports submitted by you free of charge
Info@MoreLaw.com - 855-853-4800
Defendant's Attorney: Carmelisha Collier, pro se
Tallahassee, Florida - Divorce lawyer represented Appellant's with appealing a denial of a petition to modify child support.
This appeal arises from an order denying Appellant's petition
to modify child support based on his voluntary change in
employment, which resulted in a decrease in pay. The trial court
denied Appellant's petition without making particularized
findings as to the imputation of income, which was error.
Imputing income involves a two-step analysis: "(1) the
determination of whether the parent's underemployment was
voluntary, and (2) if so, the calculation of imputed income.†Bator
v. Osborne, 983 So. 2d 1198, 1200 (Fla. 2d DCA 2008); § 61.30(2)(b),
Fla. Stat. (2021). Here, no dispute exists that Appellant's
underemployment was voluntary, thereby leaving only the second
step in the analysis to be addressed.
2
The calculation of imputed income is based on the following
factors: the parent's recent work history, occupational
qualifications, and prevailing earnings level in the community.
Broga v. Broga, 166 So. 3d 183, 185 (Fla. 1st DCA 2015) (quoting
§ 61.30(2)(b), Fla. Stat. (2012)). The only factor addressed at the
hearing below was Appellant's salary at his prior job, which relates
to his work history. No findings were made as to that factor or any
of the others, which conflicts with precedent that "[p]articularized
findings relating to the current job market, the party's most recent
work history, occupational qualifications, and the prevailing
earnings level in the local community are all required to support
an imputation of income.†Marlowe v. Marlowe, 123 So. 3d 1194,
1196 (Fla. 1st DCA 2013). The "[f]ailure to make these findings
results in reversal.†Broga, 166 So. 3d at 185.
for entry of an order with particularized findings as to the factors
set out in section 61.30(2)(b), Florida Statutes (2021)
About This Case
What was the outcome of GABRIEL EREADURA OYEBANJI v. CARMELISHA COLLIER?
The outcome was: Accordingly, the trial court’s order is reversed and remanded for entry of an order with particularized findings as to the factors set out in section 61.30(2)(b), Florida Statutes (2021)
Which court heard GABRIEL EREADURA OYEBANJI v. CARMELISHA COLLIER?
This case was heard in <center><h4><b> FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA </b> <br> <br> <font color="green"><i>On appeal from The e Circuit Court for Duval County </i></font></center></h4>, FL. The presiding judge was Maureen Horkan.
Who were the attorneys in GABRIEL EREADURA OYEBANJI v. CARMELISHA COLLIER?
Plaintiff's attorney: Tallahassee, Florida - Best Divorce Lawyer Directory Tell MoreLaw About Your Litigation Successes and MoreLaw Will Tell the World. Re: MoreLaw National Jury Verdict and Settlement Counselor: MoreLaw collects and publishes civil and criminal litigation information from the state and federal courts nationwide. Publication is free and access to the information is free to the public. MoreLaw will publish litigation reports submitted by you free of charge Info@MoreLaw.com - 855-853-4800. Defendant's attorney: Carmelisha Collier, pro se.
When was GABRIEL EREADURA OYEBANJI v. CARMELISHA COLLIER decided?
This case was decided on April 11, 2022.