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appealtrial
trial

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Hiatt v. Mathieu, 350 So.3d 357, 47 Fla. L. Weekly D1776

Facts

The father, a dual citizen of the U.S. and Belgium, filed a petition for child support and visitation after moving to Belgium during the pandemic. The mother, who was the sole supporter of their child, L.M., contested the father's proposed visitation plan, arguing that the costs of international travel were prohibitive. The trial court adopted the father's proposed visitation schedule without considering the financial implications for either parent, leading to the mother's appeal.

The father was a dual citizen of the United States and Belgium but had been living and working in the United States for many years. The child, L.M., was born in the United States in October 2017.

Issue

Did the trial court err in ordering the parents to equally share the costs of transporting their minor son to Belgium for visitation without considering their financial circumstances?

The mother contends that the court erred in ordering multiple yearly trips of international travel without any consideration as to the parties’ financial ability to pay for such travel.

Rule

The expense of transporting a minor child for visitation is a child-rearing expense that should be shared by the parents according to their financial means, and a trial court's final judgment concerning child support must include explicit factual findings regarding the parties' incomes.

The expense of transporting the minor child for visitation is a childrearing expense like any other, which should be shared by the parents in accordance with their financial means.

Analysis

The court found that the trial court abused its discretion by imposing significant international travel costs on the parents without considering their financial situations. The mother had a net monthly income that was insufficient to cover the travel expenses, which would exceed her child support payments. The court emphasized that the trial court failed to account for the financial burden placed on the mother, particularly given the father's unilateral decision to move to Belgium.

The court abused its discretion by imposing on the parties, particularly the mother, the enormous financial cost of the travel expenses of international travel without a consideration of how the parents could possibly pay for such travel.

Conclusion

The District Court of Appeal reversed the trial court's visitation order and remanded the case for reconsideration of the timesharing plan, emphasizing the need to consider the financial implications of international travel. The court also reversed the trial court's failure to attach the child support guidelines worksheet to the final judgment.

The trial court erred in establishing a timesharing plan which relied on extensive international travel without considering the parties’ financial ability to afford such travel.

Who won?

The mother prevailed in part as the appellate court agreed that the trial court erred in its financial considerations regarding travel expenses and child support guidelines.

The mother contends that the court erred in ordering multiple yearly trips of international travel without any consideration as to the parties’ financial ability to pay for such travel.

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