W.B. LEONARD, APPELLANT,
v.
SANN LEONARD, APPELLEE
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In a dissolution of marriage case, the husband appealed the trial court's refusal to credit periodic alimony payments against a $300,000 lump sum alimony award. The court affirmed, holding that the trial court properly denied the credit because both awards were intended to be independent obligations to support the wife.
The court held that periodic alimony payments should not be credited against a lump sum award when both were awarded as independent obligations. The trial court properly intended the wife to receive the full lump sum in addition to periodic support payments, and such dual awards are within the trial court's discretion.
[1] Periodic alimony payments made by a husband are not credited against a lump sum alimony award when the two awards are intended to be separate and cumulative.
[2] A trial court has the authority to order both lump sum alimony and periodic alimony payable concurrently.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In this case the husband was obligated to pay both a periodic award and a lump sum award. Those awards were payable regardless of whether the husband appealed or not.”
Establishes the court's key distinction between awards that are independent obligations versus temporary awards pending appeal
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Join FLexlaw to unlock all legal intelligenceThe trial court awarded the wife $300,000 in lump sum alimony and $600 weekly in periodic alimony, with the periodic award to terminate upon full paym…
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PER CURIAM.
In a final judgment of dissolution the wife was awarded lump sum alimony in the amount of $300,000.00 and periodic alimony in the amount of $600.00 weekly. The judgment further provided that the periodic award would terminate upon the husband’s full payment of the lump sum award. Following an unsuccessful challenge to these awards on appeal, the husband asked the trial court to credit the amount of periodic payments he had made toward the lump sum obligation owed. The trial court order refusing to allow such'a credit is now before us on appeal.
In essence the husband claims that the periodic alimony constituted temporary alimony pending appeal and he relies on those decisions which have allowed credit for such payments against lump sum awards. Keller v. Keller, 356 So. 2d 854 (Fla. 3d DCA 1978); Rankin v. Rankin, 275 So. 2d 283 (Fla. 2d DCA 1973); Frischkorn v. Frischkorn, 223 So. 2d 380 (Fla. 3d DCA 1969); and Morton v. Morton, 104 So. 2d 472 (Fla. 2d DCA 1958).
We do not believe these decisions are apt. In this case the husband was obligated to pay both a periodic award and a lump sum award. Those awards were payable regardless of whether the husband appealed or not. It appears from the record that the trial court intended that the wife receive an award of lump sum alimony in addition to any sums needed to support her until the receipt of that lump sum award. We have upheld the trial court’s discretion to make such an award. Leonard v. Leonard, 405 So. 2d 732 (Fla. 4th DCA 1981), cert. denied 417 So. 2d 329 (Fla.1982).
In our view, the order now on review is consistent with the alimony scheme set out in the final judgment and such order was within the trial court’s authority. Accordingly, the order of the trial court is affirmed.
ANSTEAD, BERANEK and DELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Frischkorn v. Thomasine G. Frischkorn, 223 So. 2d 380 (Fla. 3d DCA 1969)
- MacKey v. State, 223 So. 2d 380 (Fla. 3d DCA 1969)
- Rankin v. Rankin, 275 So. 2d 283 (Fla. 2d DCA 1973)
- Leonard v. Sann Leonard, 405 So. 2d 732 (Fla. 4th DCA 1981)
- Morton v. Morton, 104 So. 2d 472 (Fla. 2d DCA 1958)
- Keller v. Christal C. Keller, 356 So. 2d 854 (Fla. 3d DCA 1978)