VINCENT J. STROLLO, APPELLANT,
v.
GERTRUDE HARRIET STROLLO, APPELLEE

Fla. 1st DCA | 1978-12-01
No. JJ-70
MILLS, Acting C. J., and MASON, ERNEST E., Associate Judge, concur.
365 So. 2d 189 Florida District Court of Appeal, First District (1978)

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Synopsis

Vincent Strollo appeals a final judgment dissolving his marriage to Gertrude Strollo, challenging the alimony and child support awards, the treatment of mortgage payment responsibility, and the termination provisions for spousal support. The First District Court of Appeal affirmed the amounts awarded but remanded for amendments regarding mortgage payment credit, termination of alimony upon remarriage, and clarification of whether alimony is permanent or rehabilitative with a specified end date.


Holding

The court affirmed the amounts of alimony and child support awards and the lump sum structure, but held that mortgage payment responsibility must be assigned to the husband with credit against the non-paying party's one-half share from the home sale proceeds. The court also held that alimony must terminate upon the wife's remarriage and that the trial court must specify whether alimony is rehabilitative with a clear termination date or permanent.


Headnotes

[1] Appellate courts will not disturb findings or awards of a trial judge in dissolution proceedings absent a clear showing of abuse of discretion.

[2] A trial court does not abuse its discretion by awarding a lump sum for child support for multiple children, rather than separate sums for each child.

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Key Quotes

“We will not disturb findings or awards of the trial judge in dissolution proceedings absent a clear showing of abuse of discretion.”

Establishes the deferential standard of review applied to dissolution awards regarding alimony and child support amounts

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Facts & Procedural History

Vincent and Gertrude Strollo divorced. The trial court awarded Gertrude custody of five minor children, exclusive use and possession of the marital ho…

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Opinion of the Court
ERVIN, Judge.

ERVIN, Judge.

Appellant, Vincent Strollo, appeals several points from a final judgment dissolving his marriage to appellee, Gertrude Strollo. The final judgment awarded appellee custody of the five minor children and exclusive use and possession of the marital home during the children’s minority. Appellant was ordered to pay appellee $350 a month for alimony and $900 a month for child support.

Appellant’s first argument that the trial judge abused his discretion in the amount of the alimony and child support award is without merit. We will not disturb findings or awards of the trial judge in dissolution proceedings absent a clear showing of abuse of discretion. Sisson v. Sisson, 336 So. 2d 1129 (Fla.1976); Moses v. Moses, 344 So. 2d 1322 (Fla. 2d DCA 1977). Nor do we agree with appellant that the trial judge abused his discretion for awarding one lump sum child support payment rather than separate sums for each of the five children so that the award for each child would terminate upon the child’s attaining his or her majority. See Jones v. Jones, 330 So. 2d 536 (Fla. 1st DCA 1976). We affirm the awards made as to the assertion that the trial court abused its discretion as to the amounts ordered.

We agree, however, that the awards should be amended to reflect that it is the husband’s — not the wife’s — responsibility for mortgage payments made on the marital home. The court’s final judgment stated that the wife was “responsible for mortgage payments out of the proceeds . . . provided by the Husband to the Wife as . . . alimony for the Wife and child support monies for the minor children.” Despite the wife’s use as conduit for the payments upon the mortgage, it is clear that the husband had the ultimate burden. The residence the parties owned during the marriage was held as a tenancy by the entireties. Upon divorce they owned it as tenants in common, and each had the burden of one-half the expenses. Lyons v. Lyons, 208 So. 2d 137 (Fla. 3d DCA 1968). However, the party who is made responsible for the mortgage payments should be allowed credit against the non-paying party’s one-half share from the proceeds of the sale of the home. Jones v. Jones, supra.

We conclude the cause should be remanded in order that the final judgment be amended to conform with this opinion.

We also agree with appellant that the trial judge should have provided that appellee’s exclusive use and possession of the marital home and appellant’s alimony obligations would cease upon appellee’s remarriage, and the judgment is amended accordingly. Jones v. Jones, supra; Hendricks v. Hendricks, 312 So. 2d 792 (Fla. 3d DCA 1975).

The trial judge failed to specify a termination date for the periodic award of alimony. It provided only that the amounts be paid until further order of court. It is difficult to determine whether the court intended the award to be permanent or rehabilitative. If rehabilitative, the judgment should specify a termination date. Zilbert v. Zilbert, 287 So. 2d 100 (Fla. 3d DCA 1973). The cause is remanded for such purpose.

The final judgment is affirmed in part, reversed in part and remanded for further action consistent with this opinion.

MILLS, Acting C. J., and MASON, ERNEST E., Associate Judge, concur.


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