KRISTEN YVETTE KOHL F/K/A KRISTEN YVETTE RAMMACCA
v.
BRENT NICHOLAS RAMMACCA
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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.
[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.
Previewing 2 of 2 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“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
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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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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Dept. of Child. & Families v. S. M. and R. F. (Fla. 2d DCA 2019)
Authorities Cited
- Patricia Onley & the Dep't of Health & Rehabilitative Servs. v. Onley, 540 So. 2d 880 (Fla. 3d DCA 1989)