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McCarthy v. McCarthy, 922 So.2d 223, 30 Fla. L. Weekly D2748

Facts

Carrollyn and Kevin McCarthy were married in 1989 and had three children. Following their separation in 2000, the mother was awarded exclusive use of the marital home while the father was ordered to pay child support, which he later stopped. The mother continued to pay all expenses related to the home, while the father sought rental credit for the time the mother and children occupied the home. The trial court initially ruled in favor of the father regarding rental credit and limited the mother's reimbursement for maintenance costs.

At the time of the parties' separation in August 2000, the mother was a marine biologist earning $38,070.00 a year, and the father was employed as a marine scientist making $34,800.00 a year.

Issue

Whether the trial court erred in granting the father rental credit during the mother's exclusive occupancy of the marital home and in limiting the mother's reimbursement for maintenance costs to amounts exceeding $3,000.

Whether the trial court erred in granting the father rental credit during the mother's exclusive occupancy of the marital home and in limiting the mother's reimbursement for maintenance costs to amounts exceeding $3,000.

Rule

The court applied the principle that a non-residential parent is not entitled to rental value of the property during the residential parent's use and occupancy when such occupancy is for the benefit of the minor children and pursuant to court order.

The non-residential parent is not entitled to rental value of the property during the use and occupancy by the other spouse because the occupancy by the other spouse was for the benefit of the children and pursuant to court order.

Analysis

The court found that the trial court's award of rental credit to the father was erroneous because the mother's occupancy was for the benefit of the children and was court-ordered. Additionally, the court determined that the trial court's limitation on the mother's reimbursement for maintenance costs lacked evidentiary support, as all co-tenants are liable for their proportionate share of property expenses.

The court concluded that the trial court erred in granting the father credit for an undetermined rental credit as a setoff against the mother's payment of all of the expenses on the marital home during her exclusive occupancy with the minor children.

Conclusion

The District Court of Appeal reversed the trial court's order regarding the rental credit and the limitation on maintenance cost reimbursement, remanding the case for further proceedings.

We thus reverse on this issue.

Who won?

Carrollyn Cox McCarthy prevailed in the appeal because the court found that the trial court's decisions regarding rental credit and maintenance reimbursement were not supported by law or evidence.

Carrollyn Cox McCarthy appeals from the trial court's Amended Final Order of Dissolution of Marriage. We reverse because the trial court's award to the former husband, Kevin James McCarthy, for the rental of the marital home while the former wife and the minor children are living in the home was in error.

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