Moforis v. Moforis n/k/a Costanzo

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2010 STAVROS MOFORIS, Appellant, v. RENEE M. MOFORIS n/k/a RENEE COSTANZO, Appellee. No. 4D09-713 [ October 20, 2010 ] PER CURIAM. The former husband appeals the trial court s final judgment on modification of child support. In denying a downward modification, the trial court found that the former husband s gross income was $100,000, but it made no specific findings as to how it reached this figure. Because the trial court failed to set forth specific findings as to how it arrived at the amount or source of the former husband s gross income, we reverse the judgment and remand for the trial court to make specific findings as to its determination of the former husband s income and reconsider his petition for modification accordingly. See ยง 61.30, Fla. Stat. (2009) (setting forth the child support guidelines and how income shall be determined); Jones v. Jones, 636 So. 2d 867, 867 (Fla. 4th DCA 1994) (reversing and remanding for trial court to make specific findings as to the parties income, basis for modification, and justification for departure); Cifrian v. Cifrian, 715 So. 2d 1068, 1070 71 (Fla. 4th DCA 1998) (reversing child support award because of the trial court s failure to recite a basis for its determination of the parties incomes). Reversed and Remanded. TAYLOR, HAZOURI AND CIKLIN, JJ., concur. * * * Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Alfred Horowitz, Judge; L.T. Case No. 03-21598 FMCE 38 93. Nancy A. Hass of Nancy A. Hass, P.A., Hallandale Beach, for appellant. H. Mark Purdy of Purdy & Flynn, P.A., Fort Lauderdale, for appellee. Not final until disposition of timely filed motion for rehearing. 2

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