Posted by Nydia Streets of Streets Law in Florida Divorce
A Florida divorce case can involve multiple issues including alimony, child support, equitable distribution and attorney’s fees. When there is an issue as to how the court rules on these issues, a time-consuming and costly appeal can follow. In the case O'Neill v. O'Neill, 4D19-1721 (Fla. 4th DCA October 28, 2020), an appeal was taken regarding child support, equitable distribution and a life insurance requirement.
In this divorce case, each party appealed. With regard to equitable distribution, the former husband took issue with the court’s treatment of two vehicles and a bank account. First, the former husband contended it was error for the trial court to include in the equitable distribution consideration a vehicle the former wife no longer owned by the time of trial. Second, the former husband alleged it was error for the court to fail to consider the negative equity of his vehicle. His financial affidavit and his testimony at trial both supported the negative equity. Third, the former husband argued it was error for the trial court to value his bank accounts as of the date of filing rather than the date of trial since the accounts had been depleted to pay ordinary expenses. On all three points, the appellate court agreed with the former husband. The former husband also argued the trial court erred in failing to assign a value to the former wife’s jewelry, but the appellate court held “the husband's 'unsupported opinion as to the value of the jewelry that was not definitively described is not sufficient' evidence of its value."
Next, the former husband appealed the trial court’s decision to make him responsible for obtaining life insurance to secure support payments, arguing there was no evidence of his ability to obtain it and to pay for it. The appellate court agreed with him, holding “Here, the final judgment failed to make findings as to the availability and cost of insurance, and the husband's ability to pay. Accordingly, we reverse and remand for the trial court to reconsider the life insurance obligation and, if applicable, make the necessary findings to support such an obligation."
Last, the former wife appealed the trial court’s determination of child support based on a stipulation between the parties for 50/50 time-sharing. The former husband testified he would be out of town for work 200 nights per year. Therefore it was impossible for the former husband to exercise 50/50. Thus the appellate court held it was error for the court to base its child support calculation on this time-sharing and remanded for the trial court to calculate child support based on the number of overnights actually exercised by the former husband.
A Florida divorce that includes many issues may require the assistance of an attorney. Contact a Miami divorce lawyer to go over the specifics of your case and to determine the next best steps.