DEPT. OF REVENUE EX REL. SHERMAN v. DALY

No. 1D11-2319.

74 So.3d 165 (2011)

DEPARTMENT OF REVENUE obo Alanna H. SHERMAN, Appellant, v. Keith P. DALY, Appellee.

District Court of Appeal of Florida, First District.

November 16, 2011.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, and Toni C. Bernstein , Senior Assistant Attorney General, Child Support Enforcement, Tallahassee, for Appellant.

No appearance for Appellee.


WOLF, J.

The Department of Revenue (DOR) seeks review of an administrative support order which deviated from the child support guidelines based on a verbal, non-formalized visitation agreement. Because we agree this deviation is prohibited by Florida law, we reverse.

At the hearing below, both the mother and father testified that they shared overnight stays with their daughter, with the mother sharing approximately 60% of the overnight stays and the father...

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