Criswell v. Criswell

District Court of Appeal of Florida

Criswell v. Criswell

589 So. 2d 427, 1991 Fla. App. LEXIS 11391, 1991 WL 239927

CourtDistrict Court of Appeal of Florida

DecidedNovember 15, 1991

DocketNo. 91-434

StatusPublished

This text of 589 So. 2d 427 (Criswell v. Criswell) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Criswell v. Criswell, 589 So. 2d 427, 1991 Fla. App. LEXIS 11391, 1991 WL 239927 (Fla. Ct. App. 1991).

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Opinion

WENTWORTH, Senior Judge.

Appellant, the former husband, challenges the final judgment of dissolution [428]*428and the December 31, 1990 supplemental order. We have reviewed the record and find that the trial court erred when it failed to designate in the final judgment or the supplemental order the present value of the former husband’s retirement benefits awarded to the wife. The trial court should then have entered a qualified domestic relations order pursuant to 26 U.S.C. § 414(p), awarding the former wife a present assignment of that amount so that the former husband may properly treat the income tax consequences of receipt of the subject funds. Cameron v. Cameron, 570 So.2d 1087, 1089 (Fla. 1st DCA 1990). On this issue, we therefore remand for the entry of an appropriate order and all proceedings consistent therewith.

We have reviewed the other issues which appellant raises and find them to be without merit.

Affirmed in part, reversed in part, and remanded.

SMITH and MINER, JJ., concur.

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WENTWORTH, Senior Judge.

Appellant, the former husband, challenges the final judgment of dissolution [428]*428and the December 31, 1990 supplemental order. We have reviewed the record and find that the trial court erred when it failed to designate in the final judgment or the supplemental order the present value of the former husband’s retirement benefits awarded to the wife. The trial court should then have entered a qualified domestic relations order pursuant to 26 U.S.C. § 414(p), awarding the former wife a present assignment of that amount so that the former husband may properly treat the income tax consequences of receipt of the subject funds. Cameron v. Cameron, 570 So.2d 1087, 1089 (Fla. 1st DCA 1990). On this issue, we therefore remand for the entry of an appropriate order and all proceedings consistent therewith.

We have reviewed the other issues which appellant raises and find them to be without merit.

Affirmed in part, reversed in part, and remanded.

SMITH and MINER, JJ., concur.

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589 So. 2d 427, 1991 Fla. App. LEXIS 11391, 1991 WL 239927, Counsel Stack Legal Research, https://law.counselstack.com/opinion/criswell-v-criswell-fladistctapp-1991.

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