Legal Question in Family Law in Florida

What happens now?

Parties divorced, former husband gives former wife house (has two minor children) as the house at the time and remained a 100k mortgage which was in fh name only. Marital settlement agreement states fh pays the mortgage until their youngest is emacipated. Fh never paid mortgage and disabled fw was forced to sell the house. She rents and gets fh approval via notarized letter that she can move and never was released from paying fw the mortgage which came out of the sale of the home.

District court ruled in lieu of the mortgage fh must pay her rent which is 250.00 less than her mortgage payment.

Fh goes to appellate court which overturns district court ruling. Fh now is asking district court for his rent payments back as he paid that to her the past year.

Fw owns no assets, is permanently disabled on disability, has no money, used the fh rent payment to pay her rent.

Does anybody know of a similar case and know what the outcome will be for Fw on this situation that fh asking for his rent payments back?

In your opinion, district court made error in ruling, what do you think the district court will rule on next regarding this matter as appellate court told parties to take this back to distrct court and overturn rule


Asked on 6/22/08, 9:52 am

1 Answer from Attorneys
Robert Simpson

Re: What happens now?

First of all, in Florida, the trial court is not called "district" court rather it is referred to as the "circuit" court.

Without seeing the Court of Appeals decision, it is impossible to tell. We do know that Court remanded the case with further instructions to the trial court. Sounds like the former wife is judgment-proof; she has no assets!

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Answered on 6/22/08, 10:20 pm


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