Posted by Nydia Streets of Streets Law in Florida Divorce
Usually, debts that are incurred by a party after the filing of a petition for divorce in Florida are considered non-marital debts. Does this include child care debt incurred for the parties’ children? This was an issue in the case Thermidor v. Pierre, 4D2024-2133 (Fla. 4th DCA August 13, 2025).
The parties were divorced after 12 years of marriage. In the final judgment, the court imputed income to the former wife, who testified that she was the caretaker of the parties’ children, one of whom has special needs, and that she attends nursing school and works part-time. The court made a finding that the former wife was choosing not to work full-time and imputed minimum wage to her. The court also determined that debt owed to one of the children’s daycare was the non-marital debt of the former wife because it was incurred after the filing of the petition for divorce. The former wife appealed.
As to the imputation issue, the appellate court reversed, holding “Wife gave unrebutted testimony that she was a full-time stay-at-home mother and could only work part-time, commuting several hours a week to take the children to school and B.P. to his weekly therapies while also working toward her nursing degree. [T]he trial court here decided, over unrebutted testimony, that Wife had more time to work than she claimed to have. However, the trial court’s finding that Wife was able to work full-time is not supported by competent, substantial evidence in the record. Thus, the trial court erred in imputing full-time income to her.”
As to the childcare debt, the court held “The trial court also erred in listing Wife’s $5,400 debt to B.P.’s school as a nonmarital liability because after-school care is a type of ‘child care cost’ under section 61.30(7) when the costs are attributable to education which will enhance the income of either parent. [internal citation omitted]. On remand, the basic monthly obligation shall include the costs of after-school care, and any amounts prepaid by Wife shall be deducted from her personal obligation.”
Other issues were also discussed in this opinion regarding the trial court’s calculation of child support and alimony. Schedule your meeting with a Miami family law attorney to understand your rights and remedies in your case.