STATE DEPT. OF REVENUE v. CHERTA

No. 98-29.

711 So.2d 1341 (1998)

STATE of Florida, DEPARTMENT OF REVENUE on Behalf of Rosario CHERTA, Appellant, v. Marcelo CHERTA, Appellee.

District Court of Appeal of Florida, Third District.

June 10, 1998.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General and Barbara A. Ard, Assistant Attorney General, Tampa, for appellant.

M.J. Ejenbaum, North Miami, for appellee.

Before SCHWARTZ, C.J., and GREEN and SORONDO, JJ.


PER CURIAM.

The Department of Revenue ("Department"), on behalf of the former wife, argues that the lower court erred in granting the former husband a credit against child support arrearages for cash payments given directly to the parties' minor child and/or the former wife's mother. We affirm.

The Department asserts that all of such payments must be deemed gifts which cannot be used to set-off the outstanding support. While it is certainly true that unilateral...

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