GUSTAVO JAVIER GUERRA, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Crick v. Robbin Vickery Crick, 78 So. 3d 696 (Fla. 2d DCA 2012)
  …, “ ‘[a] trial judge must ensure that neither spouse passes automatically from misfortune to prosperity or from prosperity to misfortune, and, in viewing the totality of the circumstances, one spouse should not be “shortchanged.” ’ ” Perez v. Perez, 11 So. 3d 470, 473 (Fla. 2d DCA 2009) (quoting Vega v. Vega, 877 So. 2d 882, 883 (Fla. 3d DCA 2004)). When determining whether a trial court abused its discretion in awarding alimony, this court considers whether the award “ ‘exceeds or nearly exhausts a party’s…
• Payton v. Payton, 109 So. 3d 280 (Fla. 1st DCA 2013)
  …mstances. We affirm the determination that Ms. Payton is entitled to some amount of permanent alimony. The general rule is that a former spouse should not be left “shortchanged” by marital obligations to the other former spouse. See Perez v. Perez, 11 So. 3d 470, 473 (Fla. 2d DCA 2009) (supporting the conclusion that an award requiring one party to pay alimony or other marital obligations to the other party, in an amount significantly exceeding the payor’s ability to pay, is unsupported by competent, substa…
• Atef Aziz v. Shereen Aziz, 45 So. 3d 975 (Fla. 2d DCA 2010)
  …22 So. 2d 117, 118 (Fla. 4th DCA 1993).4 Here, we must reverse the temporary awards of alimony and child support because the amount of the awards appears to exceed the amount of the Husband’s income. See McCann, 21 So. 3d at 171-72; Perez v. Perez, 11 So. 3d 470, 473 (Fla. 2d DCA 2009); Hotaling v. Hotaling, 962 So. 2d 1048, 1051 (Fla. 2d DCA 2007); Bolton v. Bolton, 898 So. 2d 1084, 1084-85 (Fla. 4th DCA 2005). Accordingly, we reverse the temporary support awards and remand for further proceedings. We aff…

Authorities Cited

• Chestnut v. State, 538 So. 2d 820 (Fla. 1989)
• Smith v. State, 998 So. 2d 516 (Fla. 2008)