FREEMAN J. NEVINS, APPELLANT,
v.
BETTY B. NEVINS, APPELLEE
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In this dissolution of marriage case, the Florida District Court of Appeal reviewed a trial court's award of alimony and child support to the wife following a 24-year marriage. The court affirmed the awards of partial lump sum alimony, permanent alimony, and division of assets, but reversed and reduced the child support award from $200 to $100 per month as excessive relative to the husband's net income.
The court affirmed the awards of partial lump sum alimony, permanent alimony, and the automobile division as not constituting an abuse of discretion. However, the court reversed the $200 monthly child support award as excessive and remanded for reduction to $100 per month, finding that the combined $300 alimony and $200 child support obligations equaled half the husband's net monthly income.
[1] A trial court's award of partial lump sum alimony, permanent periodic alimony, and division of personal property in a dissolution of marriage judgment will be affirmed ab…
[2] A child support award may constitute an abuse of discretion if it, combined with alimony payments, consumes an excessive portion of the payor's net monthly income.
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Join FLexlaw to unlock all legal intelligence“We conclude that the appellant has failed to demonstrate that the chancellor abused his discretion in awarding to the respondent-appellee partial lump sum alimony, permanent periodic alimony, and one of the two automobiles owned by the appellant.”
Establishes the court's affirmance of the alimony and asset division portions of the judgment
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Join FLexlaw to unlock all legal intelligenceThe parties were married in 1948 and had two children. The husband filed for dissolution in 1972 after 24 years of marriage. The wife was a homemaker …
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PER CURIAM.
Petitioner-appellant seeks review of the award of partial lump sum alimony, permanent alimony and child support contained in the final judgment of dissolution of marriage.
Petitioner husband, after some 24 years of marriage, filed his petition foT dissolution of marriage on August 21, 1972. Respondent wife answered and cross-petitioned for dissolution of marriage. After a hearing was held thereon, the chancellor found (1) the parties were married in 1948 and had two children, one son 22 and emancipated and another son, 18 years old who is living at home with his mother and is attending junior college; (2) respondent wife was and is a Homemaker and mother and has not worked for over 22 years and has no assets in her name; (3) petitioner husband is employed as a vice president of a major financial institution and earns approximately $18,000 per year; (4) in 1963 the parties acquired as tenants by the en-tireties the marital residence; (5) the petitioner-appellant received a recent inheritance of $9,000 and will receive at least $12,000 more and, in addition, he will receive a pension when he retires at age 65; (7) the younger son who is living at home has an emotional problem which is being treated by a psychiatrist with the father’s approval; and (8) the marriage is irretrievably broken.
Based upon the above findings the chancellor entered his order dissolving the bonds of marriage between petitioner and the respondent and awarding to the respondent-appellee custody of the minor son, petitioner-appellant’s interest in the marital residence as partial lump sum alimony, $300 per month permanent alimony, $200 per month for child support, and one of the two automobiles owned by appellant. Appellant husband appeals therefrom.
We conclude that the appellant has failed to demonstrate that the chancellor abused his discretion in awarding to the respondent-appellee partial lump sum alimony, permanent periodic alimony, and one of the two automobiles owned by the appellant.
Nevertheless, we are persuaded that the award of $200 per month as child support constituted an abuse of discretion.
We note that on June 1, 1973, the date of the entry of the judgment in the case sub judice, the younger son, Mark, who was 18 years old, had not attained majority status as Section 743.07, Fla.Stat. which removed the disability of nonage for all persons who are 18 years of age or older, did not become effective until July 1, 1973. This statute being prospective in application and having no impact on obligations existing prior to the effective date thereon, the chancellor was correct in awarding child support for the 18 year old son in the case sub judice. See Finn v. Finn, Fla.App.1974, 294 So. 2d 57; Ackerly v. Ackerly, Fla.App.1974, 296 So. 2d 66.
However, we believe that $200 per month for child support is somewhat excessive in that appellant’s take home pay being approximately only $1,000 a month, the $300 monthly alimony of appellee ex-wife who was awarded the marital residence added to the $200 per month child support equals one-half of. appellant’s net monthly salary.
Thus, we conclude that $100 per month as child support would be more equitable under the circumstances in the case sub ju-dice.
Accordingly, we hereby reverse that portion of the final judgment pertaining to the award of child support and remand the cause to the chancellor with directions to reduce the same to $100 per month. In all other respects the judgment herein appealed is affirmed.
Affirmed in part, reversed in part and remanded with directions.
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McALLISTER v. McALLISTER, 345 So. 2d 352 (Fla. 4th DCA 1977)…1976); Gall v. Gall, 336 So. 2d 10 (Fla. 2nd DCA 1976); Fugassi v. Fugassi, 332 So. 2d 695 (Fla. 4th DCA 1976); In re Marriage of Stevens, 327 So. 2d 851 (Fla. 4th DCA 1976); Sommese v. Sommese, 324 So. 2d 647 (Fla. 1st DCA 1976); Nevins v. Nevins, 305 So. 2d 63 (Fla. 3rd DCA 1975), cert. den. 327 So. 2d 33; Newberger v. Newberger, 311 So. 2d 176 (Fla. 4th DCA 1975); Brook v. Brook, 289 So. 2d 766 (Fla. 3rd DCA 1974), cert. den. 300 So. 2d 895; Ruhnau v. Ruhnau, 299 So. 2d 61 (Fla. 1st DCA 1974); Keller v.…
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Nicholson v. Glynn C. Nicholson, 372 So. 2d 178 (Fla. 2d DCA 1979)…left with $10.50 per week to live on. The alimony award is clearly excessive and constitutes an abuse of discretion. DeHart v. DeHart, 360 So. 2d 1285 (Fla. 2d DCA 1978); Santacroce v. Santacroce, 347 So. 2d 815 (Fla. 2d DCA 1977); Nevins v. Nevins, 305 So. 2d 63 (Fla. 3d DCA 1975), cert. denied, 327 So. 2d 33 (Fla.1976). The parties have accumulated no marital assets other than the home awarded to the wife, which is worth at least $60,000 and has two outstanding mortgages in the amount of $8,500. Thus the w…
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Ellen-Sue Moss-Jacober v. Moss, 334 So. 2d 89 (Fla. 3d DCA 1976)…month per child until the respective child reaches the age of 21 years. See Daugherty v. Daugherty, Fla. 1975, 308 So. 2d 24; Finn v. Finn, Fla. 1975, 312 So. 2d 726; Dalton v. Dalton, Fla.App. 1974, 304 So. 2d 511; Nevins v. Nevins, Fla.App. 1974, 305 So. 2d 63. Having reviewed appellant’s remaining points on appeal and concluding that no reversible error has been made to appear, the order is affirmed as modified.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Finn v. Finn, 294 So. 2d 57 (Fla. 3d DCA 1974)
- Ackerly v. Ackerly, 296 So. 2d 66 (Fla. 2d DCA 1974)