REGINALD BLANKENSHIP, APPELLANT,
v.
CHARLOTTE BLANKENSHIP, APPELLEE
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[*919] PER CURIAM.
The husband, Reginald Blankenship, appeals the trial court’s nonfinal order which awarded the wife, Charlotte Blankenship, temporary alimony. We reverse.
Pursuant to the wife’s motion for temporary relief, the trial court found that the wife had a need for temporary alimony and that the husband had the ability to pay the same. The trial court ordered that the husband pay the wife $2000 per month as temporary alimony and that the husband continue to pay the mortgage payments due on the former marital home and certain other obligations of the wife. We, however, find that the temporary award exceeds the husband’s ability to pay and, therefore, constitutes an abuse of discretion on the part of the trial court. See Barclay v. Barclay, 554 So. 2d 1191 (Fla. 2d DCA 1989). Accordingly, we reverse the temporary order and remand with instructions to redetermine the award after further evidentiary proceedings.
Reversed and remanded with instructions.
SCHOONOVER, A.C.J., and PARKER and ALTENBERND, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Parent v. Parent, 700 So. 2d 145 (Fla. 5th DCA 1997)…sion to award the wife temporary support and that the use of the receivable was the most logical means to achieve this end, we do find the amount of the award to be excessive given the husband’s inability to pay the same. Blankenship v. Blankenship, 673 So. 2d 918, 919 (Fla. 2d DCA 1996) (“the temporary award exceeds the husband’s ability to pay, and, therefore, constitutes an abuse of discretion on the part of the trial court”). His expenses may have been overstated and, indeed, disbelieved in part by the tr…
Authorities Cited
- Barclay v. Barclay, 554 So. 2d 1191 (Fla. 2d DCA 1989)