Rampartap v. Rampartap — Child-support calculation reversed for improperly treating new spouse’s household payments as income

Case
Bianca Rampartap v. Darryl Rampartap
Court
Florida Fourth District Court of Appeal
Judge
Shepherd, J. (Ron DeSantis, 2025)
Date Decided
October 21, 2026
Docket No.
4D2025-1920
Topics
Child support; Income calculation; Remarriage; Family law
Source
Read the full opinion

Background

The parties divorced in 2016 and initially shared equal timesharing of their child, with no child-support award. A 2018 order required the former husband to pay $225.42 twice monthly in child support.

In 2024, the former wife sought to modify child support and custody after the former husband moved permanently to Trinidad and stopped exercising timesharing. The circuit court granted her sole parental responsibility and referred child support to a hearing officer. The hearing officer treated the $8,600 monthly mortgage and household expenses paid by the former wife’s current husband as her income, along with her stated $1,500 monthly earnings, and the court adopted that recommendation.

The Court’s Holding

The Fourth District affirmed in part, reversed in part, and remanded. It held that the former wife’s current husband’s payment of the mortgage and other ordinary household expenses was not a payment to the former wife and therefore was not her income for child-support purposes under sections 61.30(2) and 61.046(8), Florida Statutes.

The court distinguished cases involving recurring gifts, reimbursements, or direct and in-kind payments made for a parent’s benefit. Here, the record showed the new husband was paying expenses for his own household, not making payments to the former wife. The court directed the circuit court to redetermine her income and recalculate child support, while affirming her other appellate arguments without discussion.

Key Takeaways

  • Ordinary household expenses paid by a remarried parent’s new spouse are not automatically income to that parent.
  • The statutory inquiry turns on whether there was a payment to the parent, including a qualifying in-kind payment or reimbursement.
  • The trial court must recalculate child support without including the $8,600 in new-spouse household contributions as the former wife’s income.

Why It Matters

The decision reinforces that child-support income must be grounded in an actual payment or benefit provided to the parent, rather than simply the economic advantage of living in a household supported by a new spouse. It also preserves the distinction between ordinary spousal household spending and direct financial assistance that may properly be included in a parent’s income.

✉️ Get tomorrow’s cases before your first coffee
Daily Case Law is our free morning digest — the most substantive new decisions, filtered to your jurisdictions and topics, each linking back here for the full analysis.

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top