91 So. 3d 199
Fla. Dist. Ct. App.2012Background
- Parties married in 1999 and have three children; dissolution filed in 2009; final hearing in Oct 2010.
- Husband earned about $8,900/mo as IT manager; Wife earned about $2,830/mo as a school nurse.
- They owned a Valrico home and a Treasure Island beach condo held as tenants by the entirety, used as rental property.
- Most assets were exhausted during the dissolution; only prepaid college funds for children remained significant.
- Trial court ordered weekly alternating custody, $95/mo child support, and $1,900/mo durational alimony for ten years; ordered condo sale with Wife handling mortgage and expenses until sale; marital home awarded to Husband; other asset distribution largely final except prepaid college funds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Condominium disposition and expense credits | Wife seeks credit for expenses and argues Husband should share condo costs. | Trial court appropriately required Wife to bear condo expenses pending sale; no credit to Wife for income/expenses. | Reversed; Wife to receive pro rata credits for income/expenses; remand for new equity distribution consistent with tenancy in common. |
| Duplicate and misallocated credit card liability | Capital One accounts were misidentified and misallocated between spouses. | Trial court followed Wife's proposed schedule; invited error." | Reversed for specific Capital One account duplication; correct on remand. |
| Values of Chase Bank accounts in equitable distribution | Account values misstated; Wife contends they were marital assets with lower values. | Values should reflect date-of-hearing figures; higher values come from Husband's proposal. | Remand to substitute correct values for three Chase accounts. |
| Prefiling $15,000 home equity line advance | Husband to be charged per pretrial order; order not vacated. | Trial court acted within discretion; Wife did not request allocation. | Remand to charge Husband for $15,000 as per pretrial order. |
| Credit for $30,000 'Additional Funds' | Funds were no longer in existence at final hearing; improper credit. | No finding of dissipation; credit might be allowed. | Reversed; remove $30,000 credit absent evidence of existence or dissipation. |
Key Cases Cited
- Kelly v. Kelly, 583 So.2d 667 (Fla.1991) (creditor-share of expenses; tenancy in common principles cited)
- McFall v. Trubey, 992 So.2d 867 (Fla.2d DCA 2008) (valuation and allocation of assets; remand guidance)
- Doerr v. Doerr, 751 So.2d 154 (Fla.2d DCA 2000) (remand to amend final judgment on custodian issues; Doerr cited for remand framework)
- Osborne v. Osborne, 680 So.2d 505 (Fla.1st DCA 1996) (remand and custody/equitable distribution considerations)
- Walton v. Walton, 657 So.2d 1214 (Fla.4th DCA 1995) (custody and asset distribution guidance on remand)