Bielecki v. Bielecki

Decision Date07 April 1987
Docket NumberNo. 86-2087,86-2087
Citation505 So.2d 546,12 Fla. L. Weekly 957
Parties12 Fla. L. Weekly 957 Renee J. BIELECKI, Appellant, v. Adam J. BIELECKI, Jr., Appellee.
CourtFlorida District Court of Appeals

Michael A. Bienstock, Miami, for appellant.

David R. Weissman, Miami, for appellee.



Three of the several issues raised by the ex-wife in this appeal from a judgment dissolving a nine-year marriage have merit and require a partial reversal: (1) the ex-husband is not entitled to a special equity in marital properties, (2) the award of support is less than the children's needs and the ex-husband's ability to pay, and (3) the court should have adjudicated the interests of the parties in all the real properties.

For several years, from 1974 to 1981, the ex-husband worked in a family business owned by his father. During this time he made as much as $22,079 per year and his annual salary averaged $17,867. At one time during the term of his employment with the family company, he was its vice-president. He left that employ and went to work for Resources Recovery, Inc. where he earned approximately $30,000 per year. When his employment with that company ended in January of 1985, he returned to employment in the family business which was then owned by his mother and uncle. In a financial affidavit dated September 26, 1985, he listed his occupation as "warehouse stock clerk" and his weekly net wages as $185.74. In another financial affidavit dated May 22, 1986, he listed his occupation as "assistant yard supervisor" with weekly net wages of $245.42 ($300 gross). He states that his annual salary is now $15,600. The family business also owes him a balance of $20,000 from an account (which had a high balance of $50,000), described as "undistributed profits." These profits, paid out at $500 per month, bring the ex-husband's monthly gross income to $1,700.

During the course of the marriage the parties owned three parcels of land described as the "Duncan property," the "rental property" and the "Last Resort Fish Camp." The "rental property" is a former marital home of the couple which is now occupied by the ex-husband. The "Last Resort Fish Camp," although in the sole name of the ex-husband, was purchased during the marriage.

The $35,000 down payment for the "Duncan property" came from a joint account accumulated by the parties during the marriage. Less than one-half of the funds in that account were from the exhusband's pension and a substantial portion of the remainder of the funds were derived from the ex-wife's income. No pleading or proof of a special equity was directed to the "rental property."

The function of an appellate court is to decide whether the judgment of trial court is supported by competent evidence. Koeppel v. Koeppel, 351 So.2d 766 (Fla. 3d DCA 197...

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9 cases
  • Polley v. Polley, s. 91-1405
    • United States
    • Florida District Court of Appeals
    • October 22, 1991
    ...See Huntley v. Huntley, 578 So.2d 890 (Fla. 1st DCA 1991); Scapin v. Scapin, 547 So.2d 1012 (Fla. 1st DCA 1989); Bielecki v. Bielecki, 505 So.2d 546 (Fla. 3d DCA), review dismissed, 511 So.2d 297 (Fla.1987); Ward v. Ward, 502 So.2d 477 (Fla. 3d DCA 1987); Maddux v. Maddux, 495 So.2d 863 (Fl......
  • Kelley v. Kelley, 93-2627
    • United States
    • Florida District Court of Appeals
    • June 16, 1995
    ...and had voluntarily chosen to continue in the consulting position despite the lack of adequate remuneration. See also Bielecki v. Bielecki, 505 So.2d 546 (Fla. 3d DCA) (holding that, where "deferred profits" arrangement was scheme by former husband to conceal part of his income from family-......
  • Reep v. Reep, 90-116
    • United States
    • Florida District Court of Appeals
    • July 31, 1990
    ...will be imputed to him when determining his support obligations. Ward v. Ward, 502 So.2d 477 (Fla. 3d DCA 1987); Bielecki v. Bielecki, 505 So.2d 546 (Fla. 3d DCA), rev. dismissed, 511 So.2d 297 (Fla.1987); Maddux v. Maddux, 495 So.2d 863 (Fla. 4th DCA 1986). However, this principle of law h......
  • Arce v. Arce
    • United States
    • Florida District Court of Appeals
    • July 17, 1990
    ...attributed to him, even though the payments ordered exhausted the husband's actual income. 547 So.2d at 1013. See also Bielecki v. Bielecki, 505 So.2d 546 (Fla. 3d DCA) (where husband not using his best efforts to gain employment equal to his capabilities, court properly attributed income t......
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