LAURA LEIGH KIRKLAND, APPELLANT,
v.
DONALD EARL KIRKLAND, APPELLEE

Fla. 2d DCA | 1984-11-16
No. 84-697
SCHEB, A.C.J., and OTT and DANAHY, JJ., concur.
458 So. 2d 900 Florida District Court of Appeal, Second District (1984) Positive Treatment
Cited by 2 cases

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Holding

The court held that the trial judge abused discretion in setting the amount of rehabilitative alimony and remanded for recalculation.


Facts & Procedural History

This case involves an appeal from a final judgment of dissolution of marriage concerning the amount of rehabilitative alimony awarded to the wife.…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We may not reverse a financial aspect of a final judgment of dissolution of marriage unless the complaining spouse meets the heavy burden of showing a clear abuse of discretion by the trial judge.1 Mindful of that standard, we reverse that portion of the judgment before us setting the amount of rehabilitative alimony and remand this case for entry of an order which awards the wife no less than $50.00 per week for the entire rehabilitative period.2 For this purpose the trial court may take additional testimony concerning the present status of the parties. In all other respects the judgment is affirmed.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.

SCHEB, A.C.J., and OTT and DANAHY, JJ., concur. . Kuvin v. Kuvin, 442 So. 2d 203 (Fla.1983); Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980).

. While we have some doubt about the one-year rehabilitative period ordered by the trial court, that period is still in effect. If necessary, the wife may demonstrate to the trial court, if that be the fact, that the goals of rehabilitation have not yet been met. Anderson v. Anderson, 438 So. 2d 510 (Fla. 5th DCA 1983); Lee v. Lee, 309 So. 2d 26 (Fla. 2d DCA 1975).


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Citator

Cited By

  • MacCONNEL v. MacCONNEL, 467 So. 2d 1033 (Fla. 2d DCA 1985)
    …ed and retirement income assured, there appears in the record no reason for the amount of rehabilitative alimony to be insufficient for the foregoing needs of the wife. See Vandergriff v. Vandergriff, 456 So. 2d 464 (Fla.1984); Kirkland v. Kirkland, 458 So. 2d 900 (Fla. 2d DCA 1984). The record contains no showing that the period of time during which rehabilitative alimony was awarded would be related to the period in which rehabilitative alimony would be needed by the wife. See Holley v. Holley, 380 So. 2d 1…

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