NANCY M. KEMMET, APPELLANT,
v.
ALVIN RAY KEMMET, JR., APPELLEE
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In a marital dissolution appeal, the wife challenged the trial court's permanent periodic alimony award and the refusal to award attorney's fees. The appellate court reversed and remanded both issues due to the trial court's failure to make required statutory findings of fact, while affirming all other aspects of the judgment.
The court reversed the alimony award and remanded for required statutory findings of fact under section 61.08(1), Florida Statutes, allowing the trial court to reconsider the amount. The court also reversed the attorney's fees determination and remanded for findings of fact. All other aspects of the judgment were affirmed.
[1] A trial court must make specific findings of fact mandated by statute when awarding permanent periodic alimony.
[2] An alimony award must be reversed and remanded if the trial court fails to make required findings of fact and the appellate court cannot determine the basis for the award…
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Join FLexlaw to unlock all legal intelligence“Because the trial court did not make the findings of fact mandated by section 61.08(1), Florida Statutes (2003), regarding the amount of alimony it awarded and we are unable to divine from the record how it arrived at the amount (which appears somewhat low), we reverse the alimony award and remand for the required findings.”
Establishes the primary basis for reversal on the alimony issue—lack of statutory findings of fact
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Join FLexlaw to unlock all legal intelligenceThis case involves a dissolution of marriage where the trial court awarded permanent periodic alimony to the wife with a provision for automatic reduc…
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PER CURIAM.
In this appeal from a final judgment of dissolution of marriage, the wife seeks review of the amount of permanent periodic alimony awarded (including a provision requiring an automatic reduction of the amount when she starts receiving the 49 percent of the husband’s future military retirement pay she was awarded), and the failure to order that the husband pay any portion of her attorney’s fees and costs. Because the trial court did not make the findings of fact mandated by section 61.08(1), Florida Statutes (2003), regarding the amount of alimony it awarded and we are unable to divine from the record how it arrived at the amount (which appears somewhat low), we reverse the alimony award and remand for the required findings.
The trial court may also reconsider the amount awarded, should it conclude that its previous determination was erroneous. In the event it decides to award a different amount following remand, it will be necessary for the trial court to revisit the scheme of equitable distribution, including the provision regarding automatic reduction of alimony upon commencement of payment of the husband’s retirement benefits. (We leave the latter provision undisturbed because the wife will be free to request a further modification of alimony in the future should the law and the parties’ circumstances justify one.) Finally, because the trial court failed to make findings of fact to support its refusal to require the husband to pay any portion of the wife’s attorney’s fees and costs and we are unable to divine from the record why it reached that result, we reverse that portion of the judgment as well, and remand for findings of fact. In all other respects, the final judgment is affirmed.
AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.
KAHN, WEBSTER and POLSTON, JJ„ CONCUR.
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Overton v. Overton, 34 So. 3d 759 (Fla. 1st DCA 2010)…arty. (g) All sources of income available to either party. In order to make an alimony award, the trial court must consider and make findings regarding each of the factors set out in section 61.08(2), Florida Statutes (2007). See Kemmet v. Kemmet, 885 So. 2d 408, 409 (Fla. 1st DCA 2004). In the instant case, although the trial court stated that it considered all of the factors outlined in section 61.08(2), it failed to make any written findings regarding the factors. An award for alimony may be modified in…
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Bruno v. Bruno, 119 So. 3d 1273 (Fla. 1st DCA 2013)…(2010). Because the record does not make clear that the trial court considered the disparity in the parties’ incomes and the financial resources of both parties, we remand for findings of fact relating to the award of alimony. See Kemmet v. Kemmet, 885 So. 2d 408, 409 (Fla. 1st DCA 2004) (“Because the trial court did not make the findings of fact mandated by section 61.08(1), Florida Statutes (2003), regarding the amount of alimony it awarded and we are unable to divine from the record how it arrived at the…
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Schmidt v. Schmidt, 151 So. 3d 27 (Fla. 1st DCA 2014)…on of Former Wife’s expenses. We agree. The court gave no basis for the specific amount of $3,750.00 per month awarded beyond a finding that the parties had each acquired various debts. This alone warrants reversal and remand. See Kemmet v. Kemmet, 885 So. 2d 408, 409 (Fla. 1st DCA 2004) (“Because the trial court did not make the findings of fact mandated by section 61.08(1), Florida Statutes (2003), regarding the amount of alimony it awarded and we are unable to divine from the record how it arrived at the…
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