SHIRLEY R. LOWE, APPELLANT,
v.
RONALD A. LOWE, APPELLEE

Fla. 1st DCA | 1991-05-30
No. 90-1845
NIMMONS, BARFIELD and MINER, JJ., concur.
580 So. 2d 331 Florida District Court of Appeal, First District (1991) Caution
Cited by 4 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

After an evidentiary hearing, the trial court entered an order granting the former husband’s motion for modification by reducing periodic alimony. The former wife appeals from the court’s order denying her motion for rehearing.

It is apparent from the record in this case that the trial court, in its order of modification, relied upon the changes in the parties’ respective incomes since the date of the 1986 final judgment instead of since the 1988 date when the alimony provision was last modified. Such was error. Johnson v. Johnson, 537 So. 2d 637 (Fla. 2nd DCA 1988). Even if the modification were based upon the change in circumstances since the 1988 modification order, the evidence would certainly not support the very substantial alimony reduction ordered by the trial court.

Accordingly, the subject order denying the former wife’s motion for rehearing is reversed, and we remand for further proceedings consistent with this opinion.

NIMMONS, BARFIELD and MINER, JJ., concur.


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  • Akers v. Akers, 582 So. 2d 1212 (Fla. 1st DCA 1991)
    …ward of permanent rather than rehabilitative alimony, as a cursory review of recent cases applying settled law demonstrates. Wolff v. Wolff, 576 So. 2d 852 (Fla. 1st DCA 1991); Holmes v. Holmes, 579 So. 2d 771 (Fla. 2d DCA 1991); Meachum v. Meachum, 580 So. 2d 331 (Fla. 2d DCA 1991); and see, as to the award of permanent alimony even where there has been a substantial distribution of assets, Hamlet v. Hamlet, 583 So. 2d 654 (Fla. June 13, 1991). The award of rehabilitative alimony is reversed. An award of per…
  • Zeigler v. Zeigler, 635 So. 2d 50 (Fla. 1st DCA 1994)
    …ome level of permanent support. Need and support have been conclusively established, under these circumstances the decision to award temporary support in lieu of permanent alimony constituted an abuse of discretion. Akers, supra; Meachum v. Meachum, 580 So. 2d 331 (Fla. 2d DCA 1991); Cruz v. Cruz, supra. The deci sion of the trial court to deny all permanent alimony is reversed, and the case is remanded to the trial court for further consideration in light of this opinion, ERVIN and JOANOS, JJ., concur. . W…
  • Adams v. Adams, 604 So. 2d 494 (Fla. 3d DCA 1992)
    …ving spouse can be rehabilitated to a self-supporting financial stature commensurate with the standard established during the marriage. Akers v. Akers, 582 So. 2d 1212 (Fla. 1st DCA 1991), review denied 592 So. 2d 679 (Fla.1991); Meachum v. Meachum, 580 So. 2d 331 (Fla. 2d DCA 1991); Clance v. Clance, 576 So. 2d 746 (Fla. 1st DCA 1991); Lash v. Lash, 307 So. 2d 241 (Fla. 2d DCA 1975). As stated in O’Neal v. O’Neal, 410 So. 2d 1369, 1371 (Fla. 5th DCA 1982) (citations omitted): A divorced wife is entitled to…

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