Posted by Nydia Streets of Streets Law in Florida Divorce
Recently, the Florida Family Law Rules of Procedure were amended to state “To preserve for appeal a challenge to the failure of the trial court to make required findings of fact, a party must raise that issue in a motion for rehearing under this rule.” Fla. Fam. L. R. P. 12.530(a). Many provisions of a final judgment of divorce in Florida require certain findings to be made. This was an issue in the case Innocent v. Innocent, 4D22-985 (Fla. 4th DCA May 17, 2023).
In this divorce case, issues regarding equitable distribution and child support were contested. After a trial, the court entered a final judgment which ordered the former wife to pay the former husband $30,000 in dissipated assets. The final judgment failed to make findings regarding child support and also did not award retroactive child support though requested by the former wife. Last, the judgment permitted the former husband to have time-sharing with the children in Georgia without a relocation petition being filed. The former wife appealed.
As to the dissipation issue, the appellate court held “The final judgment does not specify which assets were dissipated, nor does it find whether the dissipated assets were marital or non-marital. Furthermore, this finding in the final judgment potentially conflicts with the circuit court’s oral finding that the Former Wife owed the Former Husband $30,000 for both his share of the parties’ marital home and the personal assets in it when the home was sold. The dissipation of assets was also an issue outside the pleadings and outside the scope of a referral to the magistrate judge who decided the issue. We therefore reverse the court’s finding that the Former Wife dissipated assets.”
Regarding child support, the appellate court held “The circuit court did not enter a temporary support order or address whether the child required temporary support. On remand, the circuit court should address the child’s need for temporary support.” Further the court found it was error for the trial court to omit findings regarding the parties’ incomes and to neglect to attach child support guidelines to the judgment.
Last, as to relocation, the appellate court held “Finally, the Former Wife argues the circuit court erred when it allowed the Former Husband to exercise timesharing in Georgia. She argues that section 61.13001, Florida Statutes (2021), required the Former Husband to file a pleading seeking permission to relocate the children to Georgia. Because the Former Husband failed to request relocation in a pleading, we agree and reverse. See § 61.13001, Fla. Stat. (2021). On remand, the circuit court may issue an order allowing relocation if the order complies with section 61.13001.”
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