DAVID T. RICHARDS, APPELLANT,
v.
PAULINE I. RICHARDS, APPELLEE
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The court held that requiring a former husband to pay all of a former wife's medical expenses not covered by insurance, regardless of amount, is error due to potential financial ruin.
The husband appealed a final judgment dissolving his marriage, specifically contesting the award of permanent alimony requiring him to pay all of the …
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COBB, Chief Judge.
David Richards appeals the final judgment dissolving his marriage with Pauline Richards and awarding her $800.00 per month in permanent alimony, a 1982 automobile, payment of all medical expenses, and $3,000.00 in attorney’s fees. Appellant raises a number of points on appeal contesting these awards; however, only one merits discussion.
The final judgment rendered by the trial court required the husband to pay, as permanent alimony, all of the wife’s medical expenses not provided by Medicare or Medicaid. The husband argues that this requirement is in error, since an extended illness could wipe him out financially. This issue was discussed in the recent case from this court of Miller v. Miller, 466 So. 2d 356 (Fla. 5th DCA 1985). In Miller, the husband was required to pay for all medical and dental costs incurred not covered by insurance. This court held:
... It is well established that a trial court, in its discretion, may order a former husband to pay a reasonable amount for medical insurance premiums for the wife as part of an alimony award. [Citation omitted.] The husband does not argue that he is unable to obtain medical insurance at a reasonable cost, rather he claims that the requirement that he pay all of the wife’s medical and dental costs not covered by insurance and regardless of amount, is error since one extended illness could wipe him out financially. We agree and remand to the trial court to determine his maximum liability in this regard. Jordan v. Jordan, 389 So. 2d 1258 (Fla. 1st DCA 1980). See generally, Thompson v. Thompson, 325 So. 2d 480 (Fla. 4th DCA 1976).
Id. at 357.
In accordance with our decision in Miller, we remand to the trial court to determine the husband’s maximum liability in regard to medical expenses. Otherwise, the judgment of the trial court is affirmed.
AFFIRMED in part; REVERSED in part; and REMANDED.
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Armstrong v. Faye Armstrong, 623 So. 2d 1216 (Fla. 4th DCA 1993)…o. 2d 79 (Fla. 2d DCA1988), Angle v. Angle, 506 So. 2d 16 (Fla. 2d DCA1987), and Jones v. Jones, 493 So. 2d 19 (Fla. 5th DCA1986). In Brandenburg, we also noted conflict with Miller v. Miller, 466 So. 2d 356 (Fla. 5th DCA1985); Richards v. Richards, 477 So. 2d 620 (Fla. 5th DCA1985); Jones v. Jones, 493 So. 2d 19 (Fla. 5th DCA1986).…
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Watford v. Watford, 605 So. 2d 1313 (Fla. 4th DCA 1992)…nd minor children and to pay any deductible amounts and medical expenses not covered by insurance. The Fifth District has held that it is error to fail to set such limits, see Marsh v. Marsh, 553 So. 2d 366 (Fla. 5th DCA 1989); Richards v. Richards, 477 So. 2d 620 (Fla. 5th DCA 1985). The approach of this district has been slightly different. In Brandenburg v. Brandenburg, 550 So. 2d 565 (Fla. 4th DCA 1989), we held that a limitation in the final judgment of “reasonable and necessary” medical expenses was an…
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Marsh v. Marsh, 553 So. 2d 366 (Fla. 5th DCA 1989)…REMANDED. DAUKSCH and SHARP, JJ., concur. . See e.g., § 61.30(2)(b), Fla.Stat. . This is reversible error. See Szemborski v. Szemborski, 530 So. 2d 361 (Fla. 5th DCA 1988); Jones v. Jones, 493 So. 2d 19 (Fla. 5th DCA 1986); Richards v. Richards, 477 So. 2d 620 (Fla. 5th DCA 1985); Miller v. Miller, 466 So. 2d 356 (Fla. 5th DCA 1985); Van Metre v. Van Metre, 551 So. 2d 593 (Fla. 2d DCA 1989); Perez v. Perez, 539 So. 2d 1178 (Fla. 1st DCA 1989); Holtan v. Holtan, 528 So. 2d 79 (Fla. 2d DCA 1988); Angle v. A…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Miller v. Miller, 466 So. 2d 356 (Fla. 5th DCA 1985)
- Witten v. The Charter OAK Fire Ins. Co., 325 So. 2d 480 (Fla. 3d DCA 1976)
- Jordan v. Jordan, 389 So. 2d 1258 (Fla. 1st DCA 1980)