ALICE HANEY WILBUR, APPELLANT,
v.
JOHN HEARRING WILBUR, SR., APPELLEE
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DAUKSCH, Chief Judge.
This is an appeal from a judgment in a marriage dissolution case. In a lengthy well-reasoned judgment, the trial court properly provided for all the legal needs of the parties and no abuse of the trial judge’s broad discretion in these matters has been shown. However, we find no legal authority for a trial court to set a declining schedule of periodic permanent alimony payments in the judgment. We find such a provision is without authority and must be reversed. Should a proper petition come before the court to either decrease or increase the alimony and a proper evidentiary showing be made, then the court will be able to adjust the payments. But that cannot be done in futuro. Kirchman v. Kirchman, 389 So. 2d 327 (Fla. 5th DCA 1980); DeVito v. DeVito, 393 So. 2d 1189 (Fla.3d DCA 1981). That part of the judgment which allows a future reduction in periodic permanent alimony payments is stricken and in all other respects the judgment is affirmed.
AFFIRMED IN PART; REVERSED IN PART.
ORFINGER and COBB, JJ., concur.
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Rubasky v. State, 401 So. 2d 894 (Fla. 5th DCA 1981)…interrogation and confession were not included in the appellate record, the trial court’s determination is supported by competent evidence in the transcript of the suppression hearing and we reject appellant’s second argument. See State v. F. E. J., 399 So. 2d 47 (Fla. 5th DCA 1981). Appellant also argues that his sentence is an adult sanction imposed without [*895] consideration of the criteria included in section 39.111(6)(c), Florida Statutes (1979). However, appellant did not raise this objection before…
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Rion v. Fount H. Rion, Jr., 421 So. 2d 541 (Fla. 5th DCA 1982)…isabled), this sum would be reduced in direct proportion to the reduction in the husband’s earned income. We believe the court erred in making this alimony award automatically subject to reduction based solely on Mr. Rion’s salary. Wilbur v. Wilbur, 399 So. 2d 47 (Fla. 5th DCA 1981); Kirchman v. Kirchman, 389 So. 2d 327 (Fla. 5th DCA 1980); see also Evans v. Evans, 398 So. 2d 943 (Fla. 3d DCA 1981); DeVito v. DeVito, 393 So. 2d 1189 (Fla. 3d DCA 1981). Merely because future retirement and pension benefits ar…
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Lightsey v. State, 413 So. 2d 842 (Fla. 3d DCA 1982)…PER CURIAM. Affirmed. State v. Shular, 400 So. 2d 781 (Fla.3d DCA 1981); State v. F.E.J., 399 So. 2d 47 (Fla.5th DCA 1981); Gerrard v. State, 345 So. 2d 849 (Fla.3d DCA 1977); Ponder v. State, 323 So. 2d 296 (Fla.3d DCA 1975); State v. Mullin, 286 So. 2d 36 (Fla.3d DCA 1973); United States v. Watson, 423 U.S. 411, 96 S.Ct. 820, 46 L.Ed.2d 598 (1976).…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Vernell v. Edge, Inc., 389 So. 2d 327 (Fla. 5th DCA 1980)
- Budagail S. Kirchman v. Kirchman, 389 So. 2d 327 (Fla. 5th DCA 1980)
- G. E. v. State, 393 So. 2d 1189 (Fla. 3d DCA 1981)