The legal standards for determining the best interests of a child in Florida are constantly evolving to provide more transparency and accountability in the courtroom. A recent decision by the Sixth District Court of Appeal in Wolverton v. Wolverton (2025) has highlighted a critical procedural shift that affects every parent navigating a time-sharing dispute. The court clarified that judges must now provide detailed, written factual findings on all “best interest” factors when creating a parenting plan—especially when allegations of abuse are involved. For any parent in the midst of a divorce, a Tampa divorce lawyer is essential to ensure that the final judgment is legally sound and adequately addresses the safety and welfare of the children.
In the case of Tamara and Christopher Wolverton, the appellate court reversed a final judgment because the trial judge failed to explain why shared parental responsibility was appropriate in light of domestic and sexual violence injunctions. If you are concerned about how past abuse allegations impact your case, the expertise of a Tampa divorce lawyer can ensure that the court properly evaluates the evidence and provides the written justification required by the latest Florida statutes.
The Facts of Wolverton v. Wolverton
Tamara Wolverton (the Former Wife) and Christopher Wolverton (the Former Husband) were married in 2016 and had two children together. The marriage was marked by significant legal conflict. Before filing for divorce, the Wife had obtained a sexual violence injunction against the Husband on behalf of one of her children from a previous relationship.
During the divorce proceedings, the Wife sought sole parental responsibility and child support, citing the history of violence. The Husband counter-petitioned for shared parental responsibility. After a trial that included conflicting testimony about parenting abilities and the abuse allegations, the trial judge made an oral ruling. The judge stated that he had “taken into account all factors” and found that shared parental responsibility was in the best interests of the children.
However, when the written final judgment was issued in September 2023, it lacked specific factual findings. While the judge listed the “best interest” factors from Florida Statute 61.13, he did not explain his reasoning or specifically address how the abuse allegations influenced his decision. The Wife appealed, and the Sixth District Court of Appeal ruled that this lack of detail was a reversible error.
The 2023 Statutory Shift: Mandatory Written Findings
The Wolverton v. Wolverton case is particularly important because it deals with a major change in Florida law that went into effect on July 1, 2023. As your Tampa divorce lawyer will explain, the version of the law in effect when a judgment is signed often dictates the outcome of an appeal.
Prior to July 2023, judges were not always required to provide a written explanation for every single “best interest” factor. However, the updated Section 61.13(2)(c)1 now explicitly states:
“The court must evaluate all of the factors set forth in subsection (3) and make specific written findings of fact when creating or modifying a time-sharing schedule.”
This change is procedural, meaning it applies to all judgments entered after the effective date, even if the trial happened before the law changed. For the Wolvertons, because their final judgment was signed in September 2023, the new requirement for written findings applied. The appellate court noted that without these findings, it is impossible to know if the trial court properly weighed the evidence of domestic and sexual violence.
Addressing Abuse Allegations in Parenting Plans
In any case involving domestic or sexual violence, child abuse, or neglect, Florida law creates a higher level of scrutiny. Even before the 2023 amendment, both the old and new versions of the statute required the court to “specifically acknowledge in writing” that evidence of abuse was considered.
A Tampa divorce lawyer knows that shared parental responsibility is the default in Florida unless it would be detrimental to the child. Evidence of abuse is considered “evidence of detriment.” In the Wolverton case, the trial court awarded shared parental responsibility despite the existence of a sexual violence injunction. By failing to write down how he reached the conclusion that shared parenting was still in the kids’ best interest, the judge left the order open to reversal.
The Imputation of Income: A Common Pitfall
The second major issue in the Wolverton case involved imputed income. In the temporary relief phase, the Wife had testified that she hoped to get a job earning $1,050 per week. Based on this, the court “imputed” that income to her for child support calculations.
At the final trial, however, the Wife explained that she never got that job and was currently working part-time for Instacart because she had to care for five minor children without assistance. Despite this, the trial judge kept the $1,050 per week figure in the final judgment.
The appellate court reversed this decision, reminding us of two critical rules that a Tampa divorce lawyer must enforce:
- The Burden of Proof: The spouse asking the court to impute income (the Husband, in this case) has the burden to prove that the other spouse is voluntarily underemployed and that specific jobs are available.
- Recent Evidence: The court cannot rely on “stale” testimony from a temporary hearing that occurred ten months prior, especially when current testimony shows those expectations never came to fruition.
Why This Matters for Your Child Support
If a court improperly imputes income to you, your child support award could be drastically lower than what you actually need to care for your children. As shown in the Wolverton case, the court cannot simply pick a number based on a “hope” or a previous statement. There must be competent, substantial evidence that you are capable of earning that amount and that the jobs actually exist in your community.
A Tampa divorce lawyer helps protect you from improper imputation by:
- Presenting Evidence of “Necessity”: If you are a stay-at-home parent or have limited hours because of caregiving duties, the court may refuse to impute income if it finds your presence at home is necessary for the children.
- Challenging Vocational Evidence: If the other side hires an expert to claim you can earn more, we cross-examine them on local job availability and your specific qualifications.
- Documenting the Job Search: We help you keep a record of your efforts to find work, proving that any unemployment is involuntary and due to market conditions or family needs.
The Importance of a Motion for Rehearing
The Wolverton v. Wolverton decision also highlights a technical procedural rule: you must file a “Motion for Rehearing” to preserve your right to appeal a lack of written findings.
Under Florida Family Law Rule of Procedure 12.530, if you believe the judge forgot to include the required factual findings in the final judgment, you must ask the judge to fix it before you go to the appellate court. Tamara Wolverton’s attorney correctly followed this step, which allowed the appellate court to hear her case. A Tampa divorce lawyerensures that all procedural “checkpoints” are met so that your right to appeal is never waived.
Remand and Recalculation: What Happens Now?
The appellate court sent the case back to the trial judge with “remand” instructions:
- Parenting: The judge must write down the factual findings for all Section 61.13 factors, specifically addressing the abuse allegations. If he can’t justify shared parental responsibility based on the trial evidence, he may have to change the ruling.
- Child Support: The judge must recalculate child support based on the parties’ actual current earning abilities, rather than the unsupported $1,050 per week figure.
This is a major win for the Wife, as it forces the court to deal with the reality of her financial situation and the safety concerns regarding the Husband.
How a Tampa Divorce Lawyer Uses the 2023 Law
The 2023 update to the Florida statutes is a powerful tool for parents who feel their concerns aren’t being heard.
- Equal Time-Sharing Presumption: The new law now starts with a rebuttable presumption that 50/50 time-sharing is in the best interest of the child.
- Rebutting the Presumption: If you believe 50/50 is not safe or healthy, your Tampa divorce lawyer will use the Section 61.13 factors—and the requirement for written findings—to prove why a different schedule is necessary.
- Transparency: Because the judge must write down their findings, there is less room for “judicial bias” or overlooked evidence.
Summary of the Wolverton Impact
The takeaway from this 2025 decision is that the “how” and “why” of a judge’s decision are just as important as the decision itself. In Florida, “because I said so” is no longer enough for a parenting plan. Courts must do the work of evaluating the evidence on the record and providing a clear, written roadmap of their reasoning.
Whether you are seeking to protect your children from a history of violence or ensuring that your child support is based on real-world numbers, the guidance of an experienced Tampa divorce lawyer is the only way to hold the court to these high standards of accountability.
Frequently Asked Questions
What are the “best interest” factors in Florida? Florida Statute 61.13(3) lists nearly 20 factors, including the capacity of each parent to provide a routine, the mental and physical health of the parents, and evidence of domestic or sexual violence.
Does a judge have to explain why they chose a specific time-sharing schedule? Yes. As of July 1, 2023, Florida law requires judges to provide specific written findings of fact for every factor they considered in creating a parenting plan.
What if there is a history of domestic violence? The court is required to consider evidence of abuse as “evidence of detriment” to the child. While shared parental responsibility is common, a history of violence can be used to argue for sole parental responsibility or supervised visitation.
How does a judge decide how much income to impute? The judge looks at your “employment potential” based on recent work history, education, and the prevailing wages in the community. As shown in the Wolverton case, there must be solid evidence that jobs are actually available to you.
Can a judge use my testimony from a year ago to set child support? Generally, no. The court should base child support on current financial circumstances. If your situation has changed significantly since a temporary hearing, your Tampa divorce lawyer will present updated evidence at the final trial.
What is a “Motion for Rehearing”? It is a formal request for the trial judge to reconsider their ruling or fix errors in the final judgment. It is a necessary step if you want to appeal a judge’s failure to include mandatory factual findings.
What is the “rebuttable presumption” for equal time-sharing? This is a new part of Florida law that assumes a 50/50 split is best for the child. However, this can be “rebutted” with evidence showing that a different schedule would be better for the child’s health, safety, or well-being.
Why was the Wolverton case reversed? It was reversed because the judge awarded shared parental responsibility without writing down the required factual findings and because he imputed income to the Wife without proof that she was voluntarily underemployed or that jobs were available to her.
Conclusion
The evolution of Florida’s family law statutes provides parents with more protection than ever before, but only if those laws are strictly followed. The Wolverton v. Wolverton decision is a victory for clarity and fairness, ensuring that every parenting and child support order is grounded in factual evidence and transparent reasoning. If you are preparing for a trial or need to challenge a final judgment, partnering with a Tampa divorce lawyer is the best way to ensure that your rights—and your children’s best interests—are fully protected.
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Written by Damien McKinney, Founding Partner
Damien McKinney is the Founding Partner of The McKinney Law Group, bringing nearly two decades of experience to complex marital and family law matters. He is licensed in both Florida and North Carolina and has been repeatedly recognized as a Rising Star by Super Lawyers.