Florida Appeals Court Addresses Timesharing and Marital Debt

The case we’re about to discuss dealt with two common issues in divorce proceedings: parenting plans and equitable distribution of marital debt. There are several ways to organize custody of the child. In this case, the court decided that a week-on/week-off schedule was best. In addition, one party disputed whether the marital debt was apportioned equitably by the court. In this article, we’ll discuss the case and how it applies to Florida family law at large.

Background of the case 

The former wife and husband were parties to a dissolution of marriage proceeding. The couple shared one minor child together. As a result of the dissolution of marriage proceedings, the husband suggested an alternating week timesharing proposal. Though there was no schedule included in his pleadings, he filed a parenting plan proposal approximately one month before the trial.

In his case, the husband maintained that equal time sharing would enable both parents to have a chance to develop a strong bond with their son and reduce stress as soon as the child starts attending school. His wife objected to the proposed timesharing arrangement and refused equal timesharing.

In addition to the custody dispute, there was also the issue of a $20,000 loan received by the wife about four months before the divorce petition. The wife stated that the loan was taken to settle her marital debts, pay for groceries, healthcare costs associated with her pregnancy, the cost of moving, storage of belongings, and repayments to her friend. Moreover, she mentioned that her pregnancy resulted in her staying on bedrest, thus preventing her from doing any work. As a consequence, she had no money to pay her bills.

The husband was not aware of the loan; therefore, he argued that it should become an exclusive debt of the wife. The trial court ruled in favor of the husband, allocating all debts to her.

The appeal

In terms of timesharing and debt distribution, the wife objected to both of the court’s decisions.

As for the parenting disputes, the appellate court denied due process violations alleged by the wife. According to the decision, despite the fact that a week-on/week-off proposal had not been stated in the counterpetition initially, the issue had been raised earlier and mentioned in the suggested plan. The wife did not object at that point when it came up and cross-examined the husband on the matter during the trial, which means that the problem was addressed “by consent,” hence, no due process violation had occurred.

The court also noted that the issue of the competence of substantial evidence provided by the wife for the proposed plan had no ground as well. The trial court made specific factual conclusions regarding the best interests of the child, and its decision on approving an equal timesharing arrangement was reasonable.

However, the appellate court came to a different conclusion concerning the marital loan issue. As per Florida law, unless there are certain reasons for dividing the assets unequally, a presumption exists that marital assets and liabilities need to be split equally.

Talk to a Tampa, FL, Family Law Attorney Today

Westchase Law, P.A., represents the interests of parents and spouses during custody hearings. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

4dca.flcourts.gov/pre_opinion_content_download/2444081