GERALD M. MIRSKY, APPELLANT,
v.
EILEEN F. MIRSKY, APPELLEE
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DAUKSCH, Judge.
The final order modifying a dissolution of marriage judgment is reversed. It is apparent from the record that the trial judge did not consider the criteria required under section 61.08, Florida Statutes (Supp. 1984) nor did he follow the dictates of Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980) and Walter v. Walter, 464 So. 2d 538 (Fla.1985). Upon remand he should hold a new hearing, consider up-to-date evidence and use no “formula” for the setting of alimony and support payments. See Sanford v. Sanford, 440 So. 2d 1319 (Fla. 4th DCA 1983). In Rook v. Rook, 469 So. 2d 172 (Fla. 5th DCA 1985), this court declared the reliance upon formulae to be not in accordance with the proper exercise of judicial discretion.
REVERSED and REMANDED.
ORFINGER and FRANK D. UP-CHURCH, Jr., JJ., concur.
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Donoff v. Mitzi Robin Donoff, 940 So. 2d 1221 (Fla. 4th DCA 2006)…imony.2 In holding these criteria inapplicable, the trial judge said he thought it “inexplicable why, in a post-judgment modification proceeding, the court should once again consider many of the factors under section 61.08(2).” In Mirsky v. Mirsky, 474 So. 2d 9, 9 (Fla. 5th DCA 1985), the Fifth District held that it was an abuse of discretion not to consider the section 61.08(2) criteria in determining the amount by which permanent alimony should be modified. We do not think this requirement incomprehensib…
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Buxton v. Buxton, 963 So. 2d 950 (Fla. 2d DCA 2007)…isions of section 61.08(2), which lists the factors the trial court must consider when determining an award of alimony, when modifying alimony under section [*956] 61.14. Donoff v. Donoff, 940 So. 2d 1221, 1223 (Fla. 4th DCA 2006); Mirsky v. Mirsky, 474 So. 2d 9, 9 (Fla. 5th DCA 1985); see also Bagley v. Bagley, 948 So. 2d 841, 841 (Fla. 1st DCA 2007). As the Donoff court explained, [I]t is apparent that the legislature has used specified “factors” or “circumstances” in chapter 61 to create standards gover…
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Klokow v. Tonia SUE Klokow, 323 So. 3d 817 (Fla. 5th DCA 2021)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Walter v. Walter, 464 So. 2d 538 (Fla. 1985)
- Coleen Rook v. Rook, 469 So. 2d 172 (Fla. 5th DCA 1985)
- Dalia Shefer v. Izhar Shefer, 440 So. 2d 1319 (Fla. 3d DCA 1983)
- Sanford v. Sanford, 440 So. 2d 1319 (Fla. 4th DCA 1983)