PETER SHEIMAN, APPELLANT,
v.
FANNY SHEIMAN, APPELLEE

Fla. 4th DCA | 1985-06-19
Nos. 84-2216, 85-243
DOWNEY, LETTS and GLICKSTEIN, JJ., concur.
472 So. 2d 521 Florida District Court of Appeal, Fourth District (1985) Positive Treatment
Cited by 18 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

In this divorce appeal, the Florida Fourth District Court of Appeal found the trial court's awards of alimony and child support to be excessive and reversed those portions while affirming other aspects of the dissolution judgment and a contempt finding. The court remanded for recalculation of support amounts based on the husband's actual ability to pay.


Holding

The court reversed the alimony and child support awards as excessive and remanded for recalculation based on the husband's actual ability to pay. The court affirmed the asset distribution and attorney's fees award, and affirmed the contempt finding but remanded to adjust the purge requirements to match the recalculated support amounts.


Headnotes

[1] An award of alimony and child support may be reversed if it is found to be excessive upon review of the record.

[2] A finding of contempt for failure to pay support obligations can be affirmed even if the obligor cannot presently afford the full amount awarded, if the record supports a…

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Key Quotes

“we reverse the award of alimony and child support because, upon review of the record, it is too high and we remand the cause with the sympathetic request that the trial judge reevaluate those awards in the light of this record and such further evidence as he determines is necessary.”

The court's holding that the support awards were excessive and required recalculation on remand

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Facts & Procedural History

Peter and Fanny Sheiman were married for twelve years and lived beyond their means throughout the marriage. The trial court issued a final judgment of…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The husband in this case appeals from a final judgment of dissolution and a post-judgment order of contempt.

With regard to the final judgment, the husband contends the trial court erred in 1) awarding an excessive amount of alimony and child support, 2) distributing the assets of the parties, 3) awarding the wife attorney’s fees, and 4) holding the husband in contempt. We agree the award of alimony and child support is excessive, but disagree with the husband’s other appellate points.

This case has all the characteristics of a routine divorce case, the most prominent of which is that the parties have lived well beyond their means during their twelve year marriage. That, of course, clouds the financial picture and makes unreliable many of the usual benchmarks for resolution of the issues. For example, the parties’ standard of living as a factor determining needs and ability loses its punch when the standard was far too high for the circumstances of the parties. Thus, try as he might, the trial judge has had a difficult time in fashioning a dissolution plan that works. Without mentioning the pretrial hearings (and appeals) we are advised at oral argument that there have been seventeen post-judgment hearings in the cause and the final judgment is not yet a year old. It is, therefore, with some misgiving that we reverse the judgment for further proceedings.

Without becoming preachy about it, perhaps the best solution for these parties would be a serious objective effort on their parts to resolve their differences by mutual agreement, recognizing that at least for the time being their living standard must be reduced. In that vein, voluntary mediation with a thoroughly trained expert in this area might be of substantial benefit, not only for the parties, but also for the children whose welfare is tied to the relationship between their parents. Regardless of the fact that these parties are no longer husband and wife, their ongoing mutual obligations suggest that the adversarial salvos resulting in seventeen post-judgment orders be replaced by constructive communication so that the parties can jointly control their future rather than having strangers determine it for them.

In any event, turning to the specifics, we reverse the award of alimony and child support because, upon review of the record, it is too high and we remand the cause with the sympathetic request that the trial judge reevaluate those awards in the light of this record and such further evidence as he determines is necessary. In that regard we note that the briefs and oral argument presented here contain little agreement on the ability of the husband to pay. However, we are satisfied that he cannot presently pay the awards set forth in the final judgment.

With regard to the order finding the husband in contempt, while we do not believe that he is able to pay the amount awarded, the record does support a finding of contempt because he has not made any good faith effort to meet his obligation of support. Therefore, we affirm the finding of contempt, but suggest the trial judge reconsider the requirements for the husband to purge himself by retailoring the amounts to be paid on the arrearage in accordance with his further determination of the facts upon remand.

Accordingly, the final judgment is affirmed in all respects except for the amounts awarded for child support and alimony and the amounts required for appellant to purge himself of contempt. The cause is remanded for further proceedings to determine appropriate amounts of child support and alimony and the payments necessary for the husband to purge himself of contempt.

AFFIRMED IN PART; REVERSED IN PART, and remanded with directions.

DOWNEY, LETTS and GLICKSTEIN, JJ., concur.


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Citator

Cited By

  • Stavros Konsoulas v. Konsoulas, 904 So. 2d 440 (Fla. 4th DCA 2005)
    …nally, the standard of living enjoyed by the parties to the marriage cannot necessarily be maintained where the parties lived beyond them means, and the former husband can no longer financially support the standard of living. See Sheiman v. Sheiman, 472 So. 2d 521, 521-22 (Fla. 4th DCA 1985). There was no evidence that Stavros could earn more than $48,000 yearly as a gas station manager or that the business is withholding net profits that would be available for draws. Understandably, the trial court viewed t…
  • Galligar v. Terrie Galligar, 77 So. 3d 808 (Fla. 1st DCA 2011)
    …]he standard of living enjoyed by the parties to the marriage cannot necessarily be maintained where the parties lived beyond their means, and the former husband can no [*812] longer financially support the standard of living.”); Sheiman v. Sheiman, 472 So. 2d 521 (Fla. 4th DCA 1985) (reversing level of alimony where former husband did not have the present ability to pay the amount awarded). Further, -while the trial court may properly consider the former husband’s assets in determining his ability to pay, th…
  • Cornell v. Smith, 616 So. 2d 629 (Fla. 4th DCA 1993)
    …Y, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur. . We have previously held that the parties’ standard of living during the marriage is not a useful guide in awarding alimony where the parties lived beyond their means. See Sheiman v. Sheiman, 472 So. 2d 521 (Fla. 4th DCA 1985); see also Pirino v. Pirino, 549 So. 2d 219 (Fla. 5th DCA 1989). . If appears from the record that the wife is actually enjoying a much more lavish life-style than the husband is currently able to afford. .In any event, simple m…

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