SCOT R. PETERSON, APPELLANT,
v.
ROSEMARIE PETERSON, APPELLEE
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.
The court held that the award of all alimony as permanent was an abuse of discretion, given the parties' relative youth and the marriage duration.
The trial court awarded child support and permanent alimony totaling over 70% of the husband's net monthly income. The wife expressed a goal of obtain…
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.
Explore caselaw by topic → Browse Disposable Income cases and more on FLexlaw
FARMER, J.
This is the third appeal in this dissolution of marriage case concerning the award of permanent alimony. Peterson v. Peterson, 818 So. 2d 683 (Fla. 4th DCA 2002); Peterson v. Peterson, 882 So. 2d 528 (Fla. 4th DCA 2004). This appeal is from a successor judge’s attempt to comply with our directive for more specific findings relating to the alimony issue.
From the husband’s net monthly income of $3,663, the court has awarded monthly child support of $1,572 and permanent alimony of $1,000. This amounts to more than 70% of his disposable income. Both are in their late thirties. She testified as to a goal of receiving a bachelor’s degree in education within 5 years.
In this case, the broad discretion rule of Canakaris is somewhat mitigated by the circumstance that we as appellate judges are in nearly as good of a position to assess the issue as the successor judge found himself. See Canakaris v. Canakaris, 382 So. 2d 1197, 1203 (Fla.1980). We find the award an abuse of discretion, at least in the sense that all of the alimony is deemed permanent and none of it rehabilitative. Given the relative youth of the parties and the fact that this is a “gray area” case for alimony purposes.(14 year marriage), we do not think the record supports the decision to make all of the alimony permanent. While we pay our required deference by leaving the total amount undisturbed, we reverse the designation of monthly alimony as all permanent and remand with instructions to make $500 of it rehabilitative.
POLEN and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- A.W. v. State, 882 So. 2d 528 (Fla. 4th DCA 2004)
- Scot R. Peterson v. Peterson, 818 So. 2d 683 (Fla. 4th DCA 2002)