JOANNE DONNELLY AND BRIAN DONNELLY, APPELLANTS,

v.

CITY OF NORTH MIAMI BEACH AND METROPOLITAN DADE COUNTY, APPELLEES

Citator

Cited By

• Hedstrom v. Hedstrom, 123 So. 3d 150 (Fla. 5th DCA 2013)
  …tive for [the payor] to seek other employment.”). When calculating arrearage during this temporary period of reduced income, a payor’s complete inability to pay requires cessation of arrearage accrual, not mere abatement of payment. Davis v. Davis, 528 So. 2d 34, 35 (Fla. 5th DCA 1988). As we explained in Davis, “[to] cause [the payor] to go deeper and deeper and deeper in debt, as the months of his inability to pay [the alimony] continue, potentially puts him in a hole from which he could never be extricat…
• Addison L. Bain v. Ingeborg K. Bain, 687 So. 2d 79 (Fla. 5th DCA 1997)
  …nnett v. Department of Revenue, 664 So. 2d 33 (Fla. 5th DCA 1995) (holding that it was error to continue the support obligation where the payor had become unemployed and lacked the ability to pay support through no fault of his own); Davis v. Davis, 528 So. 2d 34, 35 (Fla. 5th DCA 1988) (‘When an inability to pay support alimony arises the only proper thing to do is suspend payments until the ability is restored.”). Additionally, we agree with the former husband’s assertion that the court erred in consideri…
• McINTOSH v. Delle D. McINTOSH, 915 So. 2d 742 (Fla. 5th DCA 2005)
  …0). When an inability to pay alimony arises, a court must suspend payments until the ability is restored, unless the party’s inability to pay is the result of an intentional refusal to work or other willfully created inability. E.g., Davis v. Davis, 528 So. 2d 34 (Fla. 5th DCA 1988). Where the change in circumstances is unintentional and not willful, the obligor’s alimony obligation should be reduced to be more commensurate with his current ability to pay. E.g., Kinne v. Kinne, 599 So. 2d 191 (Fla. 2d DCA 19…

Authorities Cited

• The Green House, Inc. v. Thiermann, 288 So. 2d 566 (Fla. 2d DCA 1974)
• Thiermann v. The Green House, Inc., 295 So. 2d 303 (Fla. 1974)
• Bivens v. Palm BAY Club, 295 So. 2d 303 (Fla. 1974)