SIMA SASSEEN, APPELLANT,
v.
BRETT SASSEEN, APPELLEE

Fla. 5th DCA | 2013-07-12
No. 5D12-1449
COHEN and LAWSON, JJ., concur.
116 So. 3d 1281 Florida District Court of Appeal, Fifth District (2013) Positive Treatment
Cited by 1 case

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Holding

The court held that the trial court erred in failing to award the former wife arrearages due from the former husband under a temporary support order.


Headnotes

[1] A trial court errs in failing to award a party arrearages due under a temporary support order when the other party failed to pay those obligations.

[2] A party's uncontroverted testimony regarding expenses paid that were the obligation of the other party under a temporary order must be credited.

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Facts & Procedural History

During a dissolution action, a temporary order required the husband to pay various expenses including mortgage, utilities, car payments, and private s…

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Opinion of the Court
EVANDER, J.

EVANDER, J.

The former wife, Sima Sasseen, appeals a final judgment of dissolution of marriage. We conclude that the trial court erred in failing to award the former wife arrearag-es due from the former husband under a temporary support order, but . we otherwise affirm.

During the pendency of the dissolution action, the trial court entered a stipulated temporary order under which the former husband was required to pay, inter alia, mortgage payments and other specified obligations related to the marital home such as utilities, car payments and insur-*1282anee for the former wife’s vehicle, private school tuition for the minor children, and unallocated support of $7,500 per month.

The uncontroverted testimony established that the former wife paid $21,-870.631 for expenses that were the former husband’s obligation under the temporary order. Despite demand from the former wife, the former husband failed to pay these due and owing monies. It appears from the record that the trial court was under the misapprehension that the monies claimed by the former wife had been reimbursed by the former husband.2 On remand, the trial court shall require the former husband to pay this arrearage amount.

AFFIRMED, in part; REVERSED, in part; REMANDED.

COHEN and LAWSON, JJ., concur.


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  • Vaughn v. Wells Fargo Bank, N.A., 153 So. 3d 969 (Fla. 5th DCA 2015)
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