Palm Beach County Divorce Lawyer
Palm Beach County Divorce Lawyer Christopher R. Bruce observed the following case from Florida’s First District Court of Appeal:
Case: Nguyen v. Huynh
Court: First District Court of Appeal.
Trial Judge: Linda F. McCallum.
Attorneys: Lester Makofka, Carin E. Maxey.
Issues: Equitable Distribution.
Holding: In a contested dissolution action, if the parties have not entered and filed a stipulation and agreement, then any distribution of marital assets or marital liabilities shall be supported by factual findings in the judgment or order, based on competent substantial evidence. Such factual findings must be sufficient to allow the parties, or any reviewing court, to understand the trial court’s rationale for the distribution. In this case, the trial court erred in offsetting rental income received by the former wife during the marriage against her portion of the equitable distribution of marital assets. Further, the trial court’s analysis was not based on any supporting evidence in the record or explanation of the total allocated amount of income received by the former wife. The lack of findings in the equitable distribution order also rendered it impossible or the appellate court to address certain allegations of fraudulent conveyance or fraudulent transfers against the former wife.
Christopher R. Bruce is a Divorce Lawyer with the law firm of Nugent Zborowski & Bruce. Mr. Bruce’s law practice is limited to the mediation, litigation and appeals of divorce and family law matters. His practice is throughout South Florida, including Palm Beach Gardens, Boca Raton, West Palm Beach, and other areas throughout Palm Beach County, Martin County and Broward County. To speak with Mr. Bruce, or another member of the firm, call (561) 844-1200.