KENNETH R. BRAHMER, HUSBAND, APPELLANT,
v.
MARIE J. BRAHMER, WIFE, APPELLEE

Fla. 1st DCA | 1992-04-02
No. 91-1935
SMITH, WIGGINTON and WEBSTER, JJ., concur.
596 So. 2d 517 Florida District Court of Appeal, First District (1992) Positive Treatment
Cited by 2 cases

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.


Holding

The court held that the trial court erred in designating only the minor child as the beneficiary of life insurance when the policy was intended to secure both child and spousal support.


Facts & Procedural History

The trial court ordered life insurance to secure child support, then amended the order to include spousal support, but designated only the child as be…

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.


Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm without discussion all points raised on appeal in this dissolution of marriage ease. We find it necessary, however, to reverse and remand for clarification as to one aspect of the supplemental final judgment to which our attention is directed by the former wife’s cross-appeal.

In the Supplemental Final Judgment Of Dissolution of Marriage, the trial court or dered the former husband to provide life insurance in the amount of $100,000 as security for payment of child support ordered by the court. In response to the former wife’s motion for rehearing or clarification, the trial court entered an order amending the supplemental final judgment to provide that the life insurance was to be maintained as security for “child support and spousal support.” 1 However, in the same paragraph the court designated only the minor child, Elizabeth Hagen Brahmer, as beneficiary of the policy or policies to be provided by the former husband. We find no plausible basis in the record, nor in the briefs and arguments, for the trial court’s designation of the minor child as sole beneficiary when the supplemental final judgment expressly states that the insurance is to provide security for payment of both child support and spousal support.2

Accordingly, the provision with respect to the designation of beneficiary of the life insurance is reversed and remanded for correction or clarification; and in all other respects, the supplemental final judgment is affirmed.

AFFIRMED in part, REVERSED in part, and REMANDED for correction or clarification.

SMITH, WIGGINTON and WEBSTER, JJ., concur. . The award of insurance protection for child support and spousal support is not challenged on appeal.

. We note that this discrepancy was not brought to the trial court’s attention prior to this appeal.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • McGINLEY v. McGINLEY, 678 So. 2d 922 (Fla. 1st DCA 1996)
    …PER CURIAM. We affirm the final judgment in all respects except the designation of the former wife as sole beneficiary of the husband’s life insurance policy. In Brahmer v. Brahmer, 596 So. 2d 517 (Fla. 1st DCA 1992), this court indicated that an insurance policy intended to secure alimony and child support should contain a beneficiary designation which reflects those purposes. The final judgment in this case directs the former husband to mai…

Full citator, related cases, and AI research tools

Open in FLexlaw