State, Department of Revenue ex rel. Marshall v. Smith

WHATLEY, Judge.

Barbara L. Marshall, the mother, and the State of Florida, Department of Revenue, appeal a final order establishing the amount of child support Randolph G. Smith, the father, is required to pay. The appellants argue that the trial court erred in considering Smith’s two older children in setting the child support amount. We affirm.

Smith and Marshall had a child out of wedlock. At the time of the child’s conception and birth, Smith was married with two children born of that marriage. Smith’s marriage remained intact.

In calculating the amount of child support that Smith is…