BENJAMIN M. WELCH, APPELLANT,
v.
ANNA DOUGLAS-WELCH, APPELLEE
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The appellate court held that the final judgment of dissolution was unclear regarding the disposition of the parties' joint savings account.
During the marriage dissolution proceedings, the wife removed $32,000 from the parties' joint savings account and spent most of it. The husband sought…
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WHATLEY, Acting Chief Judge.
Benjamin Welch appeals the final judgment of dissolution of his marriage to Anna Welch. He raises several issues in this appeal, but we find merit only in his argument regarding the trial court’s disposition of the parties’ joint savings account.
In the order granting Anna’s motion for temporary alimony, the trial court found that at the time of separation, Anna removed the $32,000 in the parties’ joint savings account and placed that amount in a separate account. The court further found that, as of the date of the hearing on Anna’s motion for temporary alimony, Anna had used all but $9000 of the parties’ joint savings. The trial court’s only reference to the parties’ joint savings account in the final judgment of dissolution is the incorporation of these findings from the order granting temporary alimony into that judgment and a finding that all bank accounts had already been divided between the parties.
Benjamin contends that he has not been given credit for Anna’s use of his share of the parties’ joint savings account. He requests that his obligation to pay Anna retroactive temporary alimony be offset by Anna’s use of his share of the parties’ savings.
The final judgment of dissolution is not clear with regard to the disposition of the parties’ joint savings account. See § 61.075(3), Fla. Stat. (2000). Accordingly, we remand the judgment for findings regarding the disposition of this marital asset, as well as consideration of whether the record supports any type of credit to Benjamin for Anna’s use of his share of the parties’ joint savings account.
Remanded for proceedings consistent with this opinion.
NORTHCUTT, J., and DANAHY, PAUL W., (Senior) Judge, Concur.
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Valentine v. van Sickle, 42 So. 3d 267 (Fla. 2d DCA 2010)…setoff against these withdrawals for the relevant period. If these funds are determined to be marital assets, the trial court must determine whether the Husband is due a partial setoff based on his share of those assets. See Welch v. Douglas-Welch, 800 So. 2d 630, 630 (Fla. 2d DCA 2001). We reverse the awards of retroactive alimony and retroactive child support. On remand, the trial court shall revisit these issues. If the trial court again determines that retroactive alimony, retroactive child support, or…
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Buoniconti v. Ivy Buoniconti, 36 So. 3d 154 (Fla. 2d DCA 2010)…ly also used another $10,000 that the parties had withdrawn from their joint Smith Barney account. The final judgment on its face does not account for the Wife’s use of the Husband’s one-half share of these marital funds. In Welch v. Douglas-Welch, 800 So. 2d 630, 630 (Fla. 2d DCA 2001), this court addressed a similar situation, stating: Benjamin Welch appeals the final judgment of dissolution of his marriage to Anna Welch. He raises several issues in this appeal, but we find merit only in his argument rega…