TOMMY HAYES, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Acker v. Acker, 904 So. 2d 384 (Fla. 2005)
  …o. 2d 1088 (Fla. 3d DCA 2002), which certified conflict with the decisions in Rogers v. Rogers, 746 So. 2d 1176 (Fla. 2d DCA 1999); Paris v. Paris, 707 So. 2d 889 (Fla. 5th DCA 1998); Ellis v. Ellis, 699 So. 2d 280 (Fla. 5th DCA 1997); Bain v. Bain, 687 So. 2d 79 (Fla. 5th DCA 1997); and Gentile v. Gentile, 565 So. 2d 820 (Fla. 4th DCA 1990). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the following reasons, we approve the decision of the Third District Court of Appeal in the instant case an…

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• Rahn v. Rahn, 768 So. 2d 1102 (Fla. 2d DCA 2000)
  …that the former husband successfully moves for modification in the future, we note that the trial court may only consider the former husband’s postdissolution contributions to the retirement plan in determining his ability to pay. See Bain v. Bain, 687 So. 2d 79, 81 (Fla. 5th DCA 1997). Additionally, the trial court may not consider the vehicle awarded to the former husband during equitable distribution. See Diffenderfer v. Diffenderfer, 491 So. 2d 265, 267 (Fla.1986). Affirmed. PARKER, A.C.J., and CASANU…
• Paris v. Paris, 707 So. 2d 889 (Fla. 5th DCA 1998)
  …rease in salary earned by the former husband after the dissolution. As an aside, we note that the former husband’s retirement pension cannot be used as a source from which alimony is paid in addition to equitable distribution purposes. Bain v. Bain, 687 So. 2d 79 (Fla. 5th DCA 1997). Accordingly, the final judgment of dissolution is affirmed except for distribution of the Lockheed retirement pension which we reverse and remand to the lower court with instructions to follow Boyett. AFFIRMED IN PART; REVERSE…