Posted by Nydia Streets of Streets Law in Florida Divorce
What are some mistakes that can happen in a Florida divorce case? When issues such as equitable distribution, alimony, attorney’s fees and child custody are being decided, it is possible for the court to make a mistake in its ruling. Some common mistakes were at issue in the case Arzillo v. Arzillo, 2D21-603 (Fla. 2d DCA June 29, 2022).
As part of a divorce case, the trial court decided equitable distribution, child support and a parenting plan. The former husband appealed the final judgment, in part related to the imputation of income to him and the assignment of a depleted retirement account in equitable distribution. The appellate declined to reverse on all other issues appealed by the former husband without discussion.
As to the imputation of income, the appellate court held that the former husband who was previously employed as a teacher “correctly points out that the court's imputation of a full-time teacher's income to him did not include any findings as to the current employment market in his community or that there were any jobs that were available to him. That omission was error.” As to the depletion of the retirement account, the court held “It was undisputed—and acknowledged in the amended final judgment—that, prior to the trial, the Former Husband had depleted this account to pay his attorney's fees. The court made no finding that the dissipation of this account was, in any way, due to the Former Husband's misconduct. Accordingly, the court should not have distributed the depleted account as an asset.”
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