PATRICIA ROTH, APPELLANT,
v.
HAROLD ROTH, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A party ordered to pay mortgage as support is not entitled to credit for those payments upon sale of the home.
Husband and wife divorced, and the marital home was to be partitioned. The trial court awarded credits to the husband for mortgage payments and proper…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Support Obligation cases and more on FLexlaw
PER CURIAM.
Patricia Roth, former wife of Harold Roth, appeals a final judgment granting partition of the marital home in an action by Harold Roth for partition of the home and division of the sale proceeds. The trial court entered an order granting partition and awarding each party credits against the sale proceeds. On appeal, the wife argues that the trial court erred in awarding the husband certain credits. The husband has not appealed the judgment.
We affirm the judgment except for the credit awarded to the husband for mortgage payments [$14,534.28] and remitted property taxes [$2,795.83]. The husband is not entitled to a credit for the mortgage payments, when as here, the payments constituted his support obligation.1 See Pastore v. Pastore, 497 So. 2d 635, 637 (Fla.1986) (where order to pay all home expenses constitutes a form of rehabilitative alimony, trial court did not err in failing to award payor credit upon sale of home); Fitzgerald v. Fitzgerald, 558 So. 2d 122 (Fla. 1st DCA 1990) (where court orders party to pay mortgage as spousal support, paying party is not entitled to credit for those expenses). However, the husband is entitled to a credit for half of the property taxes he paid; the payment of property taxes was not a support requirement in the agreement and as tenants in common both parties bear equal responsibility for the payment. Kelly v. Kelly, 583 So. 2d 667 (Fla. 1991). Accordingly, we reverse that portion of the order. Affirmed in part; reversed in part; and remanded for proceedings consistent with this opinion.
. The property agreement provided, in pertinent part:
3. Husband shall make the mortgage payments [$95.00] on the above described home and will provide the maintenance and repairs of said home; and
4. Wife is to provide the balance of support including food clothes, etc., for herself and the [four] minor children of the parties hereto.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Carole v. Knecht, 629 So. 2d 883 (Fla. 3d DCA 1993)…t DCA 1974). . There is no evidence to demonstrate that the wife's misconduct justifies the denial of a permanent alimony award. Noah v. Noah, 491 So. 2d 1124 (Fla.1986); Eckroade v. Eckroade, 570 So. 2d 1347 (Fla. 3d DCA 1990). . In Roth v. Roth, 611 So. 2d 1268 (Fla. 3d DCA 1992), the court held that on the facts there presented, the husband was not entitled to credit for mortgage payments which were ordered to be made as part of his support obligation.…
-
Kendall v. Kendall, 677 So. 2d 48 (Fla. 4th DCA 1996)…factor suggested by the husband’s expert. Further, the husband was not entitled to a credit for his share of the mortgage and lawn care payments made on the marital home, as these payments were awarded to the wife as temporary support. Roth v. Roth, 611 So. 2d 1268 (Fla. 3d DCA 1993); Fitzgerald v. Fitzgerald, 558 So. 2d 122 (Fla. 1st DCA 1990). The trial court awarded the wife $650 per month in permanent periodic alimony and half of her attorney’s fees and costs. Contrary to the husband’s assertions, the par…
-
Green v. Green, 16 So. 3d 298 (Fla. 1st DCA 2009)…payments were an aspect of child support, then the exception applies and credit for the payments is not available. Benson v. Benson, 800 So. 2d 739, 740 (Fla. 5th DCA 2001); Honeycutt v. Honeycutt, 669 So. 2d 1098 (Fla. 5th DCA 1996); Roth v. Roth, 611 So. 2d 1268 (Fla. 3d DCA 1992); Fitzgerald v. Fitzgerald, 558 So. 2d 122 (Fla. 1st DCA 1990). Appellee asserts that the Pastore exception applies only if an order or settlement agreement overtly states that the mortgage payments constitute child support. The o…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pastore v. Pastore, 497 So. 2d 635 (Fla. 1986)
- Kelly v. Kelly, 583 So. 2d 667 (Fla. 1991)
- Nelle J. Fitzgerald v. Geary S. Fitzgerald, 558 So. 2d 122 (Fla. 1st DCA 1990)