HEIDI HOFFNER, APPELLANT,
v.
HAROLD HOFFNER, APPELLEE
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In this divorce appeal, the Florida Fourth District Court of Appeal reversed a $100/month permanent alimony award to the former wife, finding it an abuse of discretion given the disparity between the wife's demonstrated needs and the husband's apparent but unquantified ability to pay. The court remanded for an evidentiary hearing to establish the husband's true financial status and ability to provide adequate alimony.
The $100/month permanent alimony award constitutes an abuse of discretion and is reversed. The case is remanded for an evidentiary hearing to determine Harold's true financial status and his ability to increase permanent alimony beyond $100/month, as well as to determine whether the husband's business and disability pension are marital assets.
[1] An award of permanent alimony is an abuse of discretion when it is demonstrably insufficient to meet the demonstrated needs of the recipient spouse, especially when the p…
[2] A trial court must conduct an evidentiary hearing to ascertain a party's ability to pay increased alimony when the initial award is found to be insufficient.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We find the $100 a month award of permanent alimony to be an abuse of discretion.”
The court's determination that the trial court's alimony award fell below the applicable legal standard.
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Join FLexlaw to unlock all legal intelligenceAfter 19 years of marriage, the Hoffners divorced. Heidi worked as a clerical employee earning approximately $1,000/month net income and had a hearing…
The full statement of facts, procedural history, and disposition for this case are member content.
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FRANK, RICHARD H., Associate Judge.
Heidi Hoffner, the former wife, appeals from that aspect of the final judgment awarding her $100 a month in permanent alimony. We reverse.
After nineteen years of marriage the Hoffners were divorced. Two children were born of the union, one of whom has reached majority. At the time of the dissolution Heidi was employed in a clerical position with the Broward County School system receiving approximately $1,000 a month in net income. During the pendency of the dissolution proceeding, Harold, Heidi’s former husband, acquired total ownership of an insurance company in which he had previously held a one-third interest. The most current evidence of Harold’s income were bank deposits made between January and August of 1987 representing earnings of approximately $28,000 in the first eight months of that year. Harold also receives a permanent disability pension of $502 each month.
The final judgment allocated assets and obligations in the following fashion: The $15,000 bank account is split evenly. Heidi is required to pay the home mortgage of $363 until the youngest child attains majority; at that time the home is to be sold and the proceeds are to be divided evenly. The parties are responsible for their own car payments; Heidi’s payment is $336 and Harold’s payment is $266. The parties are also liable for their own attorney’s fees. Harold is required to pay $450 a month in child support.
We find the $100 a month award of permanent alimony to be an abuse of discretion. Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980). Heidi’s uncontroverted financial affidavit places her monthly expenses at approximately $4,500. Her earning power is limited in part by a hearing disability and the fact that she possesses only a high school education. Her net monthly income appears barely adequate to satisfy her mortgage and car expenses. On the other hand, Harold’s inability to provide alimony in a greater amount is not evident from the record. For example, the affidavit he tendered as representative of his financial status does not reliably reflect the money he derives annually from his acquisition of the entire insurance business. In short, there is insufficient evidence from which to form a judgment as to his true financial status. It is manifest, however, that he has the ability to fund Heidi’s demonstrated needs beyond $100 per month.
Upon remand the trial court is to conduct an evidentiary hearing to ascertain Harold’s ability to increase the permanent alimony beyond the monthly $100. The court is also directed to determine whether and to what extent, if any, the husband’s business and disability pension are marital assets.
Accordingly, we reverse and remand for further proceedings not inconsistent with this opinion.
HERSEY, C.J., and STONE, J., concur.
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Citator
Cited By
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Hoffner v. Hoffner, 577 So. 2d 703 (Fla. 4th DCA 1991)…POLEN, Judge. Appellant, Harold Hoffner, brings this appeal from the lower court’s order modifying a final judgment of dissolution of marriage, after this court reversed the final judgment and remanded in Hoffner v. Hoffner, 541 So. 2d 784 (Fla. 4th DCA 1989). We affirm the order modifying the final judgment as to the court’s findings regarding the parties’ income and the award of permanent periodic alimony. We write only to address the lower court’s treatment of the disability pensio…
Authorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)