KRIS REISMAN, APPELLANT,
v.
JEFFREY REISMAN, 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.
In a divorce appeal, the Florida Third District Court of Appeal reviewed a trial court's awards for alimony, child support, and occupancy of the marital residence. The appellate court found the trial court abused its discretion and modified the judgment to award permanent rather than rehabilitative alimony, increased child support, and extended the ex-wife's occupancy of the marital home until the children reach majority.
The appellate court held that the trial court abused its discretion by awarding rehabilitative rather than permanent alimony and modified the judgment to award $35 per week in permanent periodic alimony. The court also found the child support award inadequate and increased it from $40 per week total to $100 per week total ($50 per child). Additionally, the court struck the limited occupancy provision and extended the ex-wife's exclusive occupancy of the marital residence until both children reach majority, with specific provisions regarding mortgage payments, property sale, and division of proceeds.
[1] A trial court abuses its discretion by awarding rehabilitative alimony instead of permanent alimony when the ex-wife has a college degree, a temporary teaching certificat…
[2] The amount of child support awarded in a dissolution of marriage judgment may be modified when found to be inadequate based on the parties' financial circumstances and th…
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“When a marriage is dissolved, it is the duty of the ex-husband to provide his ex-wife within the limits of her needs, his financial ability and the standards established by himself during the marriage.”
Establishes the legal standard for determining alimony obligations upon divorce, which guides the court's review of the trial court's award.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceKris and Jeffrey Reisman were married in 1968 and had two children born in 1970 and 1972. Kris petitioned for dissolution in August 1973, and a final …
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 Credit For Mortgage Payments cases and more on FLexlaw
PER CURIAM.
Petitioner-appellant seeks review of certain provisions of a final dissolution of marriage judgment.
The parties to this action were married in 1968. A daughter of the marriage was born in 1970 and a son was born in 1972. Appellant herein, Kris Reisman, petitioned for, dissolution of marriage in August 1973 and on February 28, 1974 an amended final judgment dissolving the marital bonds was entered. The judgment provided, inter alias, that appellee herein, Jeffrey Reisman, pay the appellant $75 per week for six months as rehabilitative alimony and a total of $40 per week as child support, $25 per week for the daughter and $15 per week for the son. Appellant also was awarded custody of the children and occupancy of the marital residence until July 1, 1974.
Appellant, ex-wife, appeals therefrom and contends the trial court abused its discretion as to the award of rehabilitative alimony, child support and limited period of occupancy of the marital residence.
When a marriage is dissolved, it is the duty of the ex-husband to provide his ex-wife within the limits of her needs, his financial ability and the standards established by himself during the marriage. Kalmutz v. Kalmutz, Fla.App.1974, 299 So. 2d 30.
As to the financial ability of the appellee, ex-husband, the record reflects that he is a real estate appraiser, and he has an average yearly income of approximately $14,000 to $15,000. In addition, appellee receives $1,000 monthly from a trust and every five years receives $25,000 therefrom. With regards to the appellant, ex-wife, testimony reveals that she has a college degree in teaching and a temporary teaching certificate, and although while a student engaged in substitute teaching, she has never been gainfully employed. The record also reveals that in 1973 appellant sustained a permanent neck injury in an automobile accident. At the time of the dissolution, the parties owned a 5 bedroom, 3 bath residence with a swimming pool, two automobiles and a sailboat. They resided in a good neighborhood and maintained a high standard of living.
On the above facts, we find that the chancellor abused his discretion in awarding rehabilitiative rather then permanent alimony and we hereby amend the judgment to provide that the appellee ex-husband pay appellant ex-wife $35 per week as permanent periodic alimony during the lifetime of appellant or until she shall marry with the proviso that if appellee should predecease the appellant while the obligation to pay such alimony is in effect, the obligation to pay the same would terminate thereupon. See Goldstein v. Goldstein, Fla.App.1975, 310 So. 2d 361 (3 DCA opinion filed March 18, 1975).
Further, we find that the amount of child support awarded is inadequate and modify the judgment with respect thereto to read: “The Husband shall pay to the Wife for the support and maintenance of the minor children the total sum of $100 per week, $50 per week for each child.”
Last, we hereby strike that provision of the final judgment with respect to the occupancy of the marital residence and upon remand direct that the chancellor alter the judgment with respect thereto to provide that the appellant, ex-wife, be awarded exclusive occupancy of the marital residence for herself and the two minor children until such time as the children attain majority status. During the period appellant is occupying the residence, she shall be responsible for the payments due under the first and second mortgages held by Flagler Federal Savings and Loan Association and shall be further responsible for the taxes thereon. Upon both children reaching the age of majority, the residence shall be offered for sale and the net proceeds from the sale thereof shall be divided equally between appellee and appellant with appellant being given credit for one-half the principal mortgage payments exclusive of interest. After the property is sold, from appellee's net proceeds of the sale, appellee shall pay Frank Alter the balance due on the third mortgage held by Frank Alter together with accrued interest.
The judgment herein appealed is affirmed in all other respects and the cause remanded for further proceedings in accordance herewith.
It is so ordered.
On petition for rehearing, appellee, Jeffrey Reisman, noted the silence in our opinion as to whether appellee should receive credit for the mortgage and tax payments on the marital residence made by him since the dissolution of marriage judgment was entered. We hereby amend the original opinion with respect thereto at page 3 to read as follows: “Upon both children reaching the age of majority, the residence shall be sold and the net proceeds from the sale thereof shall be divided equally between appellee and appellant with appellant being given credit for one-half the principal mortgage payments, exclusive of interest and taxes made by appellant during her occupancy of the marital residence; appellee, ex-husband, shall be given credit for one-half of the principal mortgage payments, exclusive of interest and tax payments made by appellee since the entry of the dissolution of marriage judgment, less the March and April 1975 monthly payments which appellant made after being forced to borrow money therefor.”
In response to appellee’s petition for rehearing, appellant, Kris Reisman, additionally noted that the original opinion in this appeal remained silent with respect to the costs of repairs, maintenance and insurance of the marital home and garden which are vital for the protection of the dwelling and the ownership interest therein of the respective parties. Accordingly, we add the following provision with respect thereto to this court’s opinion of April 15, 1975: “Appellee, Jeffrey Reisman, shall be responsible for payment of the necessary repairs, maintenance and insurance of the marital residence during the occupancy thereof by the appellant, ex-wife. Upon the sale of the residence, appellee shall be given credit from the proceeds thereof for payment of one-half of these expenses.” 1
The petition for rehearing as directed to our opinion as modified is denied.
. See Hendricks v. Hendricks, Fla.App.1975, 312 So. 2d 792 (3 DCA opinion, filed May 20, 1975).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Monserrate B. McNAUGHTON v. McNAUGHTON, 332 So. 2d 673 (Fla. 3d DCA 1976)…is improper for the additional reason that the youngest child will be 12 years old in 1980. Unless there is a change in circumstances, the home should not be disturbed until the youngest child reaches majority. See Reisman v. Reisman, Fla.App.1975, 314 So. 2d 783; Venzer v. Venzer, Fla.App.1975, 308 So. 2d 544; and Plant v. Plant, Fla.App.1975, 320 So. 2d 455. Having reached the conclusion that error has been shown, we reverse the judgment appealed as to the provisions for alimony and the order for the sale…
-
Smith v. Smith, 378 So. 2d 11 (Fla. 3d DCA 1979)…ord v. Alford, 364 So. 2d 1255 (Fla. 2d DCA 1978); Singer v. Singer, 342 So. 2d 861 (Fla. 1st DCA 1977); McNaughton v. McNaughton, supra; Plant v. Plant, 320 So. 2d 455 (Fla. 3d DCA 1975), cert. denied, 336 So. 2d 107 (Fla.1977); Reisman v. Reisman, 314 So. 2d 783 (Fla. 3d DCA 1975), cert. denied, 336 So. 2d 107 (Fla.1976); Venzer v. Venzer, 308 So. 2d 544 (Fla. 3d DCA 1975). During this period of the wife’s occupancy of the home, she need not pay any more than the charges applicable to her ha//-interest in…
-
Cabrera v. Cabrera, 484 So. 2d 1338 (Fla. 3d DCA 1986)…So. 2d 11 (Fla.3d DCA 1979), cert. denied, 388 So. 2d 1118 (Fla.1980); Dolch v. Dolch, 368 So. 2d 618 (Fla.2d DCA 1979); Bailey v. Bailey, 361 So. 2d 204 (Fla. 1st DCA 1978); Singer v. Singer, 342 So. 2d 861 (Fla. 1st DCA 1977); Reisman v. Reisman, 314 So. 2d 783 (Fla. 3d DCA 1975), cert. denied, 336 So. 2d 107 (Fla.1976). Cf. Kuvin v. Kuvin, 442 So. 2d 203 (Fla.1983) (marital home not awarded to custodial parent of minor children where $20,000 awarded wife from husband’s share of proceeds of ordered sale of…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hendricks v. Hendricks, 312 So. 2d 792 (Fla. 3d DCA 1975)
- Kalmutz v. Kalmutz, 299 So. 2d 30 (Fla. 4th DCA 1974)
- Goldstein v. Goldstein, 310 So. 2d 361 (Fla. 3d DCA 1975)