JANIE NOBLE SIMON, APPELLANT,
v.
ERIC A. SIMON, APPELLEE
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The wife appeals the circuit court’s order on her motion for temporary support, fees, and costs during the pendency of her dissolution action against the husband. The wife argues that the court erred by limiting the amount of her temporary support, fees, and costs based upon the terms of the parties’ amended prenuptial agreement.
We agree with the wife and reverse. We must continue to follow Belcher v. Belcher, 271 So.2d 7 (Fla.1972), which holds that until the marriage is dissolved, support cannot be conclusively supplanted by “advance summary disposition by agreement.” Id. at 11. On remand, the “need and ability to pay test” of section 61.16, Florida Statutes (2011), continues to apply. See Lord v. Lord, 993 So.2d 562, 565 (Fla. 4th DCA 2008) (“In the temporary setting prior to dissolution, section 61.16’s need and ability to pay test continues to apply.”) (citation omitted).
Reversed and remanded.
TAYLOR and LEVINE, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Simon v. Simon, 91 So. 3d 214 (Fla. 4th DCA 2012)
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Petrarca v. State, 105 So. 3d 668 (Fla. 4th DCA 2013)…ntenced within a “guidelines” range of 34.5 to 57.5 months, though his offenses were committed several years after the Criminal Punishment Code became effective. See Stacy v. State, 885 So. 2d 474 (Fla. 4th DCA 2004); see generally Martino v. State, 83 So. 3d 927 (Fla. 4th DCA 2012). Accordingly, we reverse and remand for further proceedings. Reversed and Remanded. POLEN, CIKLIN and CONNER, JJ., concur.…
Authorities Cited
- Annabelle G. Belcher v. Belcher, 271 So. 2d 7 (Fla. 1972)
- Lord v. Lord, 993 So. 2d 562 (Fla. 4th DCA 2008)