James E. Ballard, Husband v. Melissa G. Ballard, Wife
158 So. 3d 641
| Fla. Dist. Ct. App. | 2014Background
- Marital dissolution case in which trial court distributed assets, alimony, child support, and fees.
- Court reversed in part and remanded for further proceedings.
- Disputed equitable distribution included pre-marital furniture and diminished marital funds from a joint account.
- Court noted need to treat increases in non-marital asset equity from marital funds as marital assets.
- Issues involved alimony, child support, and attorney’s fees on remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Equitable distribution of pre-marital assets | Ballard argued pre-marital furniture should not be distributed. | Ballard contends asset should be subject to distribution if increases due to marital funds. | Reversed; asset should not be treated as marital distribution. |
| Treatment of diminished marital funds in equitable distribution | Husband used funds for attorney; asset should reflect dissipation if improper. | No finding of intentional dissipation; amounts should not be included. | Remanded to determine whether intentional dissipation occurred; amounts may be excluded. |
| Mortgage payoff and enhancement value from marital funds | Payment down on mortgage with marital funds enhanced marital equity. | Kaaa interpretation relied; passive appreciation may be non-marital. | Kaaa clarified; mortgage paydown creating marital equity is distributable. |
| Retroactive child support and health insurance payments | Retroactive support should account for health insurance premiums paid by husband. | Health insurance payments should reduce retroactive obligation. | Remand for proper deduction of health insurance premiums. |
| Imputation of income for child support | Retired husband should have imputed income reflecting earning capacity. | Retirement voluntary; income should be imputed per statute. | Trial court must impute income using statutory procedure on remand. |
Key Cases Cited
- Zvida v. Zvida, 103 So. 3d 1052 (Fla. 4th DCA 2013) (dissipation standard for asset in distribution)
- Lopez v. Lopez, 135 So. 3d 326 (Fla. 5th DCA 2013) (requires specific findings for dissipation when applicable)
- Bateh v. Bateh, 98 So. 3d 750 (Fla. 1st DCA 2012) (guidance on marital asset treatment during dissolution)
- Akers v. Akers, 582 So. 2d 1212 (Fla. 1st DCA 1991) (early precedent on distribution of marital assets)
- Bush v. Bush, 824 So. 2d 293 (Fla. 4th DCA 2002) (context on distribution of marital enhancements)
- Kaaa v. Kaaa, 58 So. 3d 867 (Fla. 2011) (addressed passive appreciation vs. marital asset status)