Tuesday, October 18, 2011

Fifth District Reverses Credit Given for Mortgage Payments

The Fifth District Court of Appeal ruled Friday in Cortese v. Cortese, and reversed as to the credit given to the Husband for mortgage payments made during the pendency of that dissolution of marriage action.  The reversal was based on the failure of the Husband to request any such setoff in his pleadings, the Court’s finding that the Husband had traditionally paid such expenses during the marriage, and the lower tribunal’s use of these payments elsewhere in its judgment as temporary alimony paid by the Husband.

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