Posted by Nydia Streets of Streets Law in Florida Divorce
If it is not possible to comply with the terms of a Florida final judgment of divorce, what can be done? For example, if an order requires a party to transfer assets which are subject to federal law, and the order contradicts how federal law requires a transfer to occur, what is a party to do to avoid contempt? This was an issue in the case Leger v. Leger, 4D22-1669 (Fla. 4th DCA April 12, 2023).
As part of equitable distribution in their divorce, the former wife was ordered to transfer radio stations and related assets to the former husband within ten days of the date of entry of the final judgment. The radio station licenses were originally placed in the former wife’s name because the former husband is not a United States citizen and Federal Communications Commission (FCC) regulations do not allow these licenses to be held in a non-citizen’s name. The former wife appealed the final judgment arguing the FCC prohibits the transfer of licenses without approval, and that the former husband is not allowed to own the radio stations under FCC rules because he is not a citizen.
The appellate court agreed with the former wife, holding “The Federal Communications Act controls the transfer of a radio station license and specifically requires FCC approval. 47 U.S.C. § 310(d) (2022). The trial court exceeded its authority when it ordered the immediate transfer of the radio stations’ licenses without conditioning the transfer on the compliance with federal laws and regulations. [. . .] We remand the final judgment for the trial court to add a provision that the transfer of the radio stations’ licenses must be done ‘in accordance with all federal laws and regulations.’ The trial court’s final judgment is otherwise affirmed.”
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