RAYMOND SMITH, APPELLANT,
v.
RUTH A. SMITH, APPELLEE

Fla. 1st DCA | 2008-12-05
No. 1D07-5379
BARFIELD, ALLEN, and THOMAS, JJ., concur.
996 So. 2d 924 Florida District Court of Appeal, First District (2008) Positive Treatment
Cited by 7 cases

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Synopsis

Raymond Smith appeals a final judgment of dissolution of marriage. The appellate court affirmed the trial court's denial of the husband's motions for continuance and alimony, but reversed and remanded on the distribution of Social Security Disability and workers' compensation claims, the marital home distribution, and the child support award due to inadequate factual findings.


Holding

The court affirmed the trial court's denial of the husband's motion for continuance, denial of alimony, and declination to require health insurance. The court reversed the award of a one-half interest in pending Social Security Disability and workers' compensation claims, reversed the marital home distribution, and reversed the child support award, remanding all three issues for further proceedings with proper factual findings.


Headnotes

[1] Damages for future loss of earnings, loss of earning capacity, and future medical expenses are the separate property of the injured spouse.

[2] A trial court's failure to make adequate factual findings in a final judgment of dissolution of marriage is reversible error, precluding meaningful appellate review.

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Key Quotes

“Past lost wages and loss of earning capacity and past medical expenses paid from marital funds are marital property. Damages for future loss of earnings and loss of earning capacity and future medical expenses are the separate property of the injured spouse.”

Establishes the legal distinction between marital and non-marital property in the context of disability and workers' compensation claims.

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Facts & Procedural History

Raymond Smith (husband) and Ruth A. Smith (wife) were parties to a dissolution of marriage proceeding. The trial court denied the husband's motion for…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The husband appeals a final judgment of dissolution of marriage. We reverse in part, and remand for further proceedings.

We find the trial judge did not abuse his discretion in denying the husband’s motion for continuance, denying the husband’s request for alimony, and declining to require the wife to obtain health insurance for the minor child through her employment. Accordingly, we affirm on those issues without further discussion.

We reverse the award to the wife of a one-half interest in the husband’s pending Social Security Disability and workers’ compensation claims. “Past lost wages and loss of earning capacity and past medical expenses paid from marital funds are marital property. Damages for future loss of earnings and loss of earning capacity and future medical expenses are the separate property of the injured spouse.” Weisfeld v. Weisfeld, 545 So. 2d 1341, 1346 (Fla.1989).

When a trial court makes an equitable distribution award, it must provide specific factual findings that identify and distinguish the marital assets from the non-marital assets. See § 61.075(3) (requiring that “any distribution of marital assets or marital liabilities shall be supported by factual findings in the judgment or order based on competent substantial evidence”).

A trial court’s failure to make adequate factual findings in a final judgment of dissolution of marriage is typically reversible error because, in most circumstances, this failure precludes meaningful appellate review. Winney v. Winney, 979 So. 2d 396 (Fla. 1st DCA 2008).

On remand, the trial judge should make findings regarding the portions of future awards that are marital property.

We also reverse and remand for additional findings with regard to the distribution of the marital home.

Section 61.075(1) provides that distribution of marital assets generally is equal, unless unequal distribution is justified based on factors including the desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.

§ 61.075(l)(h), Fla. Stat. (2006). Absent additional findings by the trial judge, we are unable to determine whether the trial judge abused his discretion regarding the equitable distribution of the marital home.

Finally, we reverse the child support award. If a trial court does not articulate findings regarding the actual income of the parties or any adjustments to income, a reviewing court cannot ascertain whether a child support award is within the guidelines. We remand for the trial judge to calculate the child support in accordance with the statutory guidelines set forth in section 61.30, Florida Statutes. See Finney v. Finney, 995 So. 2d 579 (Fla. 1st DCA 2008).

Because the trial court’s decisions concerning equitable distribution of the marital home and any future Social Security Disability and workers’ compensation awards and the award of child support are not amenable to effective appellate review, we must remand the case for factual findings as to these issues. In all other respects, the final judgment of dissolution of marriage is affirmed. If necessary, on remand, the trial court may hear additional evidence to make the required factual findings in support of its determinations as to equitable distribution and child support.

AFFIRMED in part, REVERSED in part, and REMANDED for proceedings consistent with this opinion.

BARFIELD, ALLEN, and THOMAS, JJ., concur.


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Citator

Cited By

  • Valdes v. Valdes, 6 So. 3d 731 (Fla. 1st DCA 2009)
    …Court cannot determine whether a child support award is within the guidelines. We remand for the trial judge to calculate the child support in accordance with the statutory guidelines set forth in section 61.30, Florida Statutes. See Smith v. Smith, 996 So. 2d 924, 926 (Fla. 1st DCA 2008). The remaining issues on appeal are affirmed without further discussion. AFFIRMED in part, REVERSED in part, and REMANDED for proceedings consistent with this opinion. HAWKES, C.J., LEWIS, and THOMAS, JJ., concur.…
  • McWILSON v. McWILSON, 192 So. 3d 719 (Fla. 1st DCA 2016)
    …ncial affidavits. . Absent findings explaining the disparity, we cannot determine whether the award was made in accordance with the guidelines in section 61.30, Florida Statutes, and we thüs reverse and' remand for recalculation. See Smith v. Smith, 996 So. 2d 924, 926 (Fla. 1st DCA 2008). Further, the adjustment'to' the former husband’s child support -responsibility based on his estimated monthly travel expenses for visitation resulted-in an allocation of approximately ninety-seven percent of those expense…
  • Stewmon v. Stewmon, 66 So. 3d 312 (Fla. 2d DCA 2011)
    …(6). On remand, this, too, should be corrected. Marital or Nonmarital Status of Assets and Liabilities Next, the Husband argues that the trial court failed to determine whether assets and liabilities were marital or nonmarital. See Smith v. Smith, 996 So. 2d 924, 925 (Fla. 1st DCA 2008) (holding trial court must provide specific factual findings that identify and distinguish marital from non-marital assets). He identifies the Wife’s premarital jewelry, vehicles they each purchased after the filing date, and…

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