McIlmoil v. McIlmoil

784 So. 2d 557, 2001 WL 505295
CourtDistrict Court of Appeal of Florida
DecidedMay 15, 2001
Docket1D00-2591
StatusPublished
Cited by22 cases

This text of 784 So. 2d 557 (McIlmoil v. McIlmoil) 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
McIlmoil v. McIlmoil, 784 So. 2d 557, 2001 WL 505295 (Fla. Ct. App. 2001).

Opinion

784 So.2d 557 (2001)

Caroline Jo McILMOIL, Appellant,
v.
Larry Neil McILMOIL, Appellee.

No. 1D00-2591.

District Court of Appeal of Florida, First District.

May 15, 2001.

*560 Mark Hulsey, III, of Mark Hulsey, III, P.A., Jacksonville, for Appellant.

Terroll J. Anderson, of Patterson, Bond & Latshaw, P.A., Jacksonville, for Appellee.

BROWNING, J.

Caroline J. McIlmoil (Former Wife) appeals the trial court's order on her motions for contempt and enforcement of the 1985 final judgment that dissolved her 10-year marriage to Larry Neil McIlmoil (Former Husband), the appellee. We reverse in part, affirm in part, and remand for further findings.

The parties were married in June 1974 and have three children: Tara Alana (born January 1978), Rory Devin (born February 1980), and Colin Shea Adair (born December 1981). In March 1985, Former Husband petitioned to dissolve the marriage. The final judgment of dissolution incorporated the parties' marital settlement agreement.

In May 1999 (14 years after the entry of the divorce decree), Former Wife filed a motion for contempt and a motion to enforce the dissolution decree, and in March 2000 amended her allegations. The crux of Former Wife's claims was that Former Husband had failed to comply with certain obligations to the children set forth in the final judgment of dissolution, and that as a result of his non-compliance, she had incurred substantial expenses and had to retain counsel. Former Wife sought reimbursement of $334,180.00[1] in children's expenses allegedly incurred as a result of Former Husband's non-compliance. Her calculations consisted of alleged actual expenses for the period from 1986 through part of 1999, and alleged estimated expenses for the period from the remainder of 1999 through 2004. Former Husband pled the affirmative defense of laches as a bar to Former Wife's claims. After a hearing on the motions, the trial court issued a May 2000 order. Former Wife appealed on the grounds that the lower court had reversibly erred in several respects.

First, Former Wife contends that the trial court misconstrued Paragraph 5 of the final judgment of dissolution, which (along with its preceding paragraph) states:

4. Except as herein provided, the parties shall not have any claims for alimony or support from the other.
5. That commencing June, 1985 the Husband shall pay to the Wife a minimum sum of 15% of his net monthly wages (gross monthly wages minus taxes) as child support for the support, maintenance, and education of the children. The Husband shall provide reasonable additional contribution towards the support, maintenance, and education of each of the children including medical and dental expenses, wedding expenses, clothing expenses and all other expenses necessary to maintain the children in reasonable comfort. The total monthly support shall be deemed to be divided in equal one-third portions between each of the three children. The equal one-third portion of the total support shall continue for each child until that child reaches the age of 22.5 years, marries, enters the armed forces, ceases to live with the Wife (except for those periods he or she *561 is enrolled in and attending college), becomes self-supporting or dies, whichever event occurs first. The Wife may claim each of the children as exemptions on her federal and state income tax returns.

In its challenged order, the trial court found 1) that Paragraph 5 obligated Former Husband to pay monthly support (5% per child) until each child reaches 22.5 years of age, so long as that child satisfies certain criteria specified in the dissolution judgment; 2) that Paragraph 5 does not provide that Former Husband make an additional contribution toward the support of his adult children, i.e., after they reach 18 years and until they reach age 22.5, when "child support" ceases; and 3) that Paragraph 5 does not include any provision obligating Former Husband to pay any of the following expenses: legal expenses, post-high school education costs, post-high school education loans, and automobile expenses. While agreeing on appeal that the language in the agreement is unambiguous, the parties dispute what is meant by "total monthly support" in Paragraph 5.

Former Wife argues that Paragraph 5 is unambiguous and obligated Former Husband to pay not only "child support" in the amount of "a minimum sum of 15% of his net monthly wages ... for the support, maintenance, and education of the children"; but also a "reasonable additional contribution towards the support, maintenance, and education of each of the children." The agreement expressly states that this "reasonable additional contribution" includes "medical and dental expenses, wedding expenses, clothing expenses and all other expenses necessary to maintain the children in reasonable comfort." The "total monthly support" is "to be divided in equal one-third portions between each of the three children," and "[t]he equal one-third portion of the total support shall continue for each child until that child reaches the age of 22.5 years" or any of several other enumerated contingencies (not applicable here) occur. Former Wife interprets the agreement to mean that "total monthly support" (which follows the references in Paragraph 5 to "child support" and "reasonable additional contribution") represents the sum of these two specified components. Former Wife asserts that in addition to "child support," the agreement obligated Former Husband to make a reasonable additional contribution to the children's college expenses (including post-high school education loans), the children's automobile expenses for travel to and from school and work, and expenses incurred in defending the children in legal proceedings.

On the other hand, Former Husband relies on the absence of the specific terms "legal expenses," "post-high school education costs," "post-high school education loans," and "automobile expenses" in Paragraph 5 to support his position that the final judgment did not obligate him to pay for any of such expenses.

The final judgment of dissolution, which incorporated the parties' marital settlement agreement, is to be interpreted like any other contract. That is, absent any evidence that the parties intended to endow a special meaning in the terms used in the agreement, the unambiguous language is to be given a realistic interpretation based on the plain, everyday meaning conveyed by the words. See Bergman v. Bergman, 145 Fla. 10, 199 So. 920, 921 (1940); Ballantyne v. Ballantyne, 666 So.2d 957, 958 (Fla. 1st DCA 1996); Woodworth v. Woodworth, 385 So.2d 1024 (Fla. 4th DCA 1980). In its written order, the trial court made no finding of ambiguity, and in their appellate briefs, the parties agree that the language in Paragraph 5 is *562 clear and unambiguous. At the motion hearing, Former Wife testified without dispute that she had not been represented by counsel during the parties' divorce. Former Husband had an attorney during the dissolution proceedings. Thus, to the extent that the terms of the parties' agreement are doubtful or ambiguous, they must be construed against Former Husband, as the party who drafted the document. See City of Homestead v. Johnson, 760 So.2d 80, 84 (Fla.2000). The interpretation of the wording and meaning of the marital settlement agreement, as incorporated into the final judgment, is subject to de novo review, for we are in as good a position as the trial court to construe the challenged provisions. See Cox v. CSX Intermodal, Inc.,

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Bluebook (online)
784 So. 2d 557, 2001 WL 505295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcilmoil-v-mcilmoil-fladistctapp-2001.