DONALD RICHARD HELD, APPELLANT,
v.
ESTHER L. HELD, 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 former husband appeals a dissolution of marriage judgment that awarded the former wife $400/month in child support despite his incarceration for a drug offense and current lack of income. The Florida appellate court affirmed, holding that the trial court properly imputed income based on voluntary unemployment and had authority to sequester the husband's marital assets to secure child support payments.
The trial court did not abuse its discretion. The husband's unemployment was properly found to be voluntary under Florida law, allowing income imputation based on his prior earnings and ability to pay. The court had authority to sequester marital assets to secure child support obligations, and there was no error in the equitable distribution scheme regarding the missing accounts and IRA.
[1] A trial court may impute income to an unemployed or underemployed parent when the unemployment or underemployment is found to be voluntary.
[2] A party cannot claim as error on appeal that which they invited or introduced at trial.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Income shall be imputed to an unemployed or underemployed parent when such unemployment or underemployment is found to be voluntary on that parent's part.”
Statutory basis for imputing income to the incarcerated husband based on his voluntary unemployment resulting from criminal conduct
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe former husband was incarcerated for a drug-related offense (his second conviction since 1981) and earned no income while imprisoned. Prior to inca…
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 Equitable Distribution Of Assets cases and more on FLexlaw
POLEN, Judge.
The former husband appeals from a final judgment of dissolution of marriage. We affirm.
The former husband first contends that the trial court abused its discretion when it awarded the former wife child support in the amount of $400.00 per month, because he is presently incarcerated for a drug-related offense and earns no income.1 The former wife answers that the husband’s unemployment must be considered voluntary under subsection 61.30(2)(b), Florida Statutes (1991),2 because he was well aware that he faced the possibility of incarceration if caught and convicted a second time. The record shows that prior to his conviction, the husband earned approximately $40,000 per year from his legitimate employment as a boat builder. We also note that after the husband’s incarceration, he arranged to pay $100 per week in child support to the wife from an undisclosed source. Under the circumstances, we find no abuse of discretion in the trial court’s award. Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980).
The husband next complains that the trial court lacked the authority to award the wife child support “in advance” by sequestering his share of the equity in the marital home. Notably, this position is inconsistent with the position the husband took at trial, where his attorney suggested that option to the court. A party cannot claim as error on appeal that which he invited or introduced below. See Spain v. State, 475 So. 2d 944, 946 (Fla. 4th DCA 1985), and Pope v. State, 441 So. 2d 1073 (Fla.1984). That is, he cannot take an inconsistent position on appeal. See Campbell v. Kauffman Milling Co., 42 Fla. 328, 29 So. 435 (1900). Moreover, trial courts must look to all available assets in determining whether an individual has the ability to pay child support. Bowen v. Bowen, 471 So. 2d 1274 (Fla.1985); § 61.30, Fla. Stat. (1991);3 § 61.13(l)(c), Fla.Stat. (1991).4 As a result, we find no abuse of discretion. See also Gill v. Gill, 504 So. 2d 67 (Fla. 2d DCA 1987) (a trial court may order sequestration of an incarcerated party’s assets for purposes of securing payment of alimony, child support, or medical insurance for the parties’ child).
Finally, the former husband argues that the trial court failed to distribute a First Union Bank Individual Retirement Account (IRA) as well as a First Union Bank checking account. He contends this requires remand with directions to dispose of these assets. The former wife testified at trial that she possessed one IRA; the trial court distributed that IRA to the wife. The former husband’s counsel questioned the wife regarding the possibility that a second IRA existed, but it was never established that it did. Thus, the trial court committed no error when it omitted a second IRA from the equitable distribution. As to the checking account, the record shows that the wife opened that account with her sole earnings, apparently after the husband’s arrest; the funds therein were never joint funds and were never commingled. Accordingly, we hold that the trial court’s equitable distribution scheme was proper under the circumstances.
AFFIRMED.
GLICKSTEIN, C.J., and GUNTHER, J„ concur. . This is the husband’s second conviction for a drug offense, the first having been in 1981.
. Subsection 61.30(2)(b) provides in pertinent part:
Income shall be imputed to an unemployed or underemployed parent when such unemployment or underemployment is found to be voluntary on that parent’s part....
. Section 61.30(10) provides in pertinent part: The Court may adjust the minimum child support award, or either or both parent's share of the minimum child support award, based upon the following considerations:
(h) Total available assets of the obligee, obligor, and the child.
. Subsection 61.13(l)(c), Florida Statutes (1991) provides in pertinent part:
To the extent necessary to protect an award of child support, the court may order the obligor to purchase or maintain a life insurance policy or bond, or to otherwise secure the child support award with any other assets which may be suitable for that purpose.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
-
Gupton v. Vill. KEY & SAW Shop, Inc., 656 So. 2d 475 (Fla. 1995)…, that the rule of invited error applies in this case. Under this rule, a party cannot successfully complain about an error for which he or she is responsible or of rulings that he or she has invited the trial court to make. See, e.g., Held v. Held, 617 So. 2d 358, 359-60 (Fla. 4th DCA 1993); Behar v. Southeast Banks Trust Co., 374 So. 2d 572, 575 (Fla. 3d DCA 1979), cert. denied, 379 So. 2d 202 (Fla. 1980); Public Health Trust of Dade County v. O’Neal, 348 So. 2d 377, 378 (Fla. 3d DCA 1977). Village Key has…
-
Centex-Rooney Constr. Co., Inc. v. Martin Cnty., 706 So. 2d 20 (Fla. 4th DCA 1997)…right to contest the prejudgment interest award because their counsel specifically requested the deflation of the County’s damages to 1988 dollars when the County offered to present evidence of its damages in terms of 1996 dollars. See Held v. Held, 617 So. 2d 358, 360 (Fla. 4th DCA 1993). Since the Sureties treated the County’s losses as occurring in 1988, the County was also entitled to recover prejudgment interest on these damages from 1988. With regard to the County’s point on cross-appeal, we affirm the…
-
Young v. Hector, 740 So. 2d 1153 (Fla. 3d DCA 1998)…c., 656 So. 2d 475, 478 (Fla.1995)(defining the invited error rule as follows: “a party cannot successfully complain about an error for which he or she is responsible or of rulings that he or she has invited the trial court to make.”); Held v. Held, 617 So. 2d 358 (Fla. 4th DCA 1993); Poller v. First Virginia Mortg. and Real Estate Inv. Trust, 471 So. 2d 104 (Fla. 3d DCA 1985). Even if the “continuity” argument had been made and properly preserved, a close analysis of the evidence establishes that the trial…
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Eugenia Bowen & the Fla. Dep't of Health & Rehabilitative Servs. v. Bowen, 471 So. 2d 1274 (Fla. 1985)
- Pope v. State, 441 So. 2d 1073 (Fla. 1983)
- Campbell v. The Kauffman Milling Co., 42 Fla. 328 (Fla. 1900)
- Gill v. Gill, 504 So. 2d 67 (Fla. 2d DCA 1987)
- Spain v. State, 475 So. 2d 944 (Fla. 4th DCA 1985)