Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Spector v. Spector

Florida Court of Appeals, Fourth District

May 24, 2017

RENEE SPECTOR, Appellant,
v.
ROBERT L. SPECTOR, ROBERT L. SPECTOR, P.A., et al., Appellees.

         Not final until disposition of timely filed motion for rehearing.

         Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Dale C. Cohen, Judge; L.T. Case No. 061994DR014567AXXXCE.

          Chad R. Laing and Dale W. Schley, II of Laing & Weicholz, P.L., Boca Raton, for appellant.

          Kraig S. Weiss and Paul K. Silverberg of Silverberg & Weiss, P.A., Weston, for appellee, Ellen Spector.

          KUNTZ, J.

         The Former Wife appeals the circuit court's order denying proceedings supplementary against Ellen Spector, the New Wife of the Former Husband. The Former Wife argues the court erred in finding homestead property and insurance policies are always exempt from the contempt powers of the court regardless of fraud. We agree that the court erred in its conclusion and reverse the order denying proceedings supplementary.

         Background

         In 1996, the circuit court rendered a final judgment of dissolution of marriage and incorporated post-nuptial agreement. The former couple agreed that the Former Husband would pay the Former Wife $5, 000 per month in alimony until his or her death, or until she remarried, that he would transfer to her title and interest in the marital house via quitclaim deed, and that he would maintain whole or term life insurance for her benefit in the amount of $750, 000.

         Four years later, the Former Husband sought to modify the amount of alimony he owed, a request that the court rejected and labeled "somewhat disingenuous" because he had failed to pay anything to the Former Wife. At that time, the court found the Former Husband in civil contempt for "willful and deliberate failure to comply with the alimony provisions" of their post-nuptial agreement. The court established the alimony arrearages through December 31, 2000 to be $128, 024, and ordered the Former Husband to pay a purge amount of $64, 012 within thirty days. The court also awarded the Former Wife $100, 000 in attorneys' fees and costs.

         Months later, the Former Husband filed for bankruptcy. The bankruptcy court rejected his petition, finding his alimony arrearages were not subject to bankruptcy discharge, and awarded the Former Wife over $3, 000 in attorneys' fees. The bankruptcy court's judgment was recorded as a lien on the Former Husband's property with the Broward County Clerk of Court.

         Before he sought to modify the alimony, the Former Husband married the New Wife. After he remarried, and after he had been held in contempt, he transferred his residence via quitclaim deed from title in his name alone to himself and the New Wife as tenants-in-common. A second mortgage was taken on that house; however, the money was used for "remodeling, " not to satisfy the Former Husband's obligations to the Former Wife.

         At some point not clear from the record, the Former Husband also transferred title in a life insurance policy to the New Wife. The New Wife then borrowed against the entire value of the $200, 000 policy. Her candid testimony indicates shielding money from the Former Wife was the purpose of the transfer. The New Wife testified that she "took out the money 'cause my husband and his lawyer were speaking about he would have to give his ex-wife some kind of money . . . . So we didn't have extra money so I took out the money for that . . ." The record indicates none of the Former Husband's obligations to the Former Wife were satisfied with this money.

         Upon learning of these transfers, and still having not received what the court had determined to be owed to her, the Former Wife moved for proceedings supplementary to execution and to implead the New Wife and the insurance company. The court issued an order for proceedings supplementary and later held an evidentiary hearing.

         After the evidentiary hearing, the court rendered an order concluding that both the life insurance policy and real property were protected from creditors prior to the transfers. Further, the court accepted the New Wife's argument that "because the assets were completely protected from creditors prior to the transfer, the mere transfer of that asset would have no effect on the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.