Posted by Nydia Streets of Streets Law in Florida Divorce
Can a party receive credit toward paying joint expenses during a Florida divorce? This was an issue in the case Ianni v. Ianni, 5D18-3082 (Fla. 5th DCA May 8, 2020) in which the former husband appealed a final judgment of divorce.
The former husband apparently paid the mortgage on the marital home while the divorce case was pending. The former wife also sought retroactive child support from the former husband. Retroactive child support is support that should have been paid before the order was entered setting a support amount. Under Florida law, a party can seek retroactive support payments dating back to the date of separation or no more than two years prior to the date of filing the petition for divorce. In the final judgment of divorce, the former husband was ordered to pay a retroactive amount, and was not given credit for mortgage payments made during the case.
The former husband appealed and the appellate court agreed with him that it was error to fail to give him credit for the mortgage payments. The court held “In determining former husband’s retroactive child support obligation, the trial court erred in failing to consider the mortgage payments paid by former husband during the pendency of the litigation. See Johnson v. Johnson, 268 So. 3d 203, 205 (Fla. 5th DCA 2019) (holding that former husband’s mortgage payments on parties’ marital home during course of marital dissolution action were required to be considered when determining retroactive child support obligation).”
Getting credit for payments you made while separated starts with understanding what credits will be applied and how. Schedule a consultation with a Miami divorce lawyer to form a strategy for success in your case.