CHARLENE PEACON, APPELLANT,
v.
GEORGE PEACON, APPELLEE

Fla. 3d DCA | 1996-01-10
No. 95-502
Before SCHWARTZ, C.J., and GERSTEN and GREEN, JJ.
666 So. 2d 567 Florida District Court of Appeal, Third District (1996) Positive Treatment
Cited by 2 cases

Opinion of the Court
SCHWARTZ, Chief Judge.

SCHWARTZ, Chief Judge.

Because the record shows, and we have held in Peacon v. Peacon, 578 So. 2d 781 (Fla. 3d DCA 1991), review denied, 589 So. 2d 292 (Fla.1991), that the former husband made the mortgage payments in discharge of his court ordered child support obligation, he was not entitled to the credit for half of those payments which he was awarded by the trial court. Pastore v. Pastore, 497 So. 2d 635 (Fla.1986). Hence that credit is stricken from the judgment under review. The appeal and the cross appeal present no other error. Affirmed in part, reversed in part.


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  • Babb v. Roseanne S. Babb, 771 So. 2d 1215 (Fla. 5th DCA 2000)
    …es on Tinsley v. Tinsley, 490 So. 2d 205 (Fla. 3d DCA 1986). An exception to this rule, however, is where possession of the marital home is given to one’s spouse as an aspect of child support. The Third District Court of Appeal, in Peacon v. Peacon, 666 So. 2d 567 (Fla. 3d DCA 1996), held that where mortgage payments are made in discharge of court ordered child support obligations, the credit is not available. During the course of the hearing on appellant’s motion, the trial court made note of the fact that a…

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