MICHAEL RAYMOND BARCLAY, APPELLANT,
v.
SALLY JEAN BARCLAY, APPELLEE
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.
The court held that the trial court abused its discretion in awarding temporary alimony and child support given the husband's demonstrated inability to meet the obligation.
The husband's income significantly decreased after a period of rapid increase, resulting in a monthly financial deficit. The trial court awarded the w…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Temporary Alimony cases and more on FLexlaw
PATTERSON, Judge.
This is an appeal from a nonfinal order awarding temporary alimony and child support to the wife in the pending dissolution of marriage action. We reverse.
The husband is a stockbroker whose income and life-style escalated dramatically in 1986. In 1987 and thereafter his income decreased as rapidly as it had risen. As of April 4, 1989, the date of the temporary support hearing, his 1989 gross earnings averaged $5,666 per month. He is obligated to pay $3,278 per month in various mortgage payments, including the marital home. His financial affidavit reflects a monthly deficit well in excess of $3,000. The wife has an employment history as a secretary earning $15,000 per year. She is presently unemployed by her own choosing.
The trial court awarded the wife temporary custody of the parties’ fifteen-month-old child, use and occupancy of the marital home, and $2,500 per month in combined alimony and child support. She is not required to pay any of the marital obli gations. In view of the husband’s obvious inability to meet such an obligation, we hold that the award constitutes an abuse of discretion on the part of the trial court.
We reverse the temporary order dated April 11, 1989, and remand with instructions to redetermine the support obligation of the husband after further evidentiary proceedings. See Belcher v. Belcher, 271 So. 2d 7 (Fla.1972).
LEHAN, A.C.J., and THREADGILL, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
-
Dwyn Daniels Robbie v. Robbie, 591 So. 2d 1006 (Fla. 4th DCA 1991)…f a showing that no reasonable man would take the view adopted by the trial court.” Wolfson v. Wolfson, 455 So. 2d 577, 579 (Fla. 4th DCA 1984). It is not uncommon to find temporary relief awards reversed as excessive. See e.g., Barclay v. Barclay, 554 So. 2d 1191 (Fla. 2d DCA 1989) (abuse of discretion to award wife $2,500 per month where husband’s gross earnings averaged $5,666 per month and he was obligated to pay $3,278 per month in mortgage payments); Fields v. Fields, 533 So. 2d 922 (Fla. 2d DCA 1988) (…
-
Hotaling v. Hotaling, 962 So. 2d 1048 (Fla. 2d DCA 2007)…“a trial court cannot enter a temporary [financial] award that exceeds or nearly exhausts a party’s income” because it would abuse its discretion by doing so. Bolton v. Bolton, 898 So. 2d 1084, 1084 (Fla. 4th DCA 2005); see also Barclay v. Barclay, 554 So. 2d 1191, 1191-92 (Fla. 2d DCA 1989) (reversing temporary alimony and child support award which required husband to pay $5778 per month in obligations, where husband only made $5666 per month); Fields v. Fields, 533 So. 2d 922, 924 (Fla. 2d DCA 1988) (revers…
-
Sterling M. Olds v. Olds, 555 So. 2d 883 (Fla. 2d DCA 1989)…e maximum income possible. As in Kernan v. Kernan, 495 So. 2d 275 (Fla. 5th DCA 1986), “[t]he trial court should have properly considered the husband’s ability at the present time, not what might occur_” in the future. See also Barclay v. Barclay, 554 So. 2d 1191 (Fla. 2d DCA 1989). Of course, when and if the husband’s income increases, an upward modification of alimony may be considered upon a proper motion. Upon remand the trial court shall reconsider and adjust to an amount commensurate with the husband…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Annabelle G. Belcher v. Belcher, 271 So. 2d 7 (Fla. 1972)