KRISTEN YVETTE KOHL F/K/A KRISTEN YVETTE RAMMACCA
v.
BRENT NICHOLAS RAMMACCA

Fla. 5th DCA | 2018-11-16
No. 17-2906
Taylor, J., Evander, J., Berger, J., Grosshans, J.
257 So. 3d 171 Florida District Court of Appeal, Fifth District (2018) Positive Treatment
Cited by 1 case

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Holding

A former husband is not entitled to a setoff for dental bills he was obligated to pay under the dissolution judgment or for voluntary payments made toward the purchase of a motor vehicle for a minor child.


Headnotes

[1] A former spouse is not entitled to a setoff or credit for payments made on obligations imposed by a dissolution judgment, as such payments constitute performance of the o…

[2] A former spouse is not entitled to a credit or setoff for voluntary payments made toward the purchase of a motor vehicle for a minor child of the marriage.

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Key Quotes

“holding that former husband was not entitled to credit of $2000 which represented cost of automobile given by former husband to parties' teenage son”

Citation to Onley v. Onley, 540 So. 2d 880 (Fla. 3d DCA 1989), supporting the reversal of the setoff for motor vehicle payments

Facts & Procedural History

In a dissolution of marriage case, the trial court granted in part and denied in part the former wife's amended motion to enforce the final judgment. …

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Opinion of the Court
Grosshans

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

KRISTEN YVETTE KOHL F/K/A KRISTEN

YVETTE RAMMACCA,

Appellant,

v. Case No. 5D17-2906

BRENT NICHOLAS RAMMACCA,

Appellee.

________________________________/

Opinion filed November 16, 2018

Appeal from the Circuit Court for Brevard County, Jennifer Opel Taylor , Judge.

Geoffrey D. Smith, Susan C. Smith, and Stephen B. Burch, of Smith & Associates, Melbourne, for Appellant.

James H. Fallace and Andrew J. Williams, of Fallace & Larkin, L.C., Melbourne, for Appellee.

PER CURIAM.

The former wife, Kristen Kohl, appeals an order granting in part and denying in part her amended motion to enforce. We agree that the trial court improperly awarded a setoff of $871 for dental bills paid by the former husband, Brent Rammacca. Pursuant to the final judgment of dissolution of marriage, the former husband was obligated to pay these

2 bills. We further agree that the trial court improperly awarded a setoff of $2896.06 for monies voluntarily paid by the former husband for the purchase of a motor vehicle for one of the parties’ minor children. See Onley v. Onley, 540 So. 2d 880 (Fla. 3d DCA 1989) (holding that former husband was not entitled to credit of $2000 which represented cost of automobile given by former husband to parties’ teenage son). The trial court’s order is otherwise affirmed.

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

EVANDER, BERGER and GROSSHANS, JJ., concur.


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