LOUIS FIRESTER, APPELLANT,
v.
ANNIE FIRESTER, APPELLEE
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Court reduced alimony award from $80 to $50 per week, finding the original award excessive where husband earned $154 weekly net income and wife was unemployed with only disability income.
An alimony award of $80 per week was excessive and should be reduced to $50 per week where the husband's net weekly income was $154 and the wife received $224 monthly disability income.
[1] An alimony award must be equitable in light of each party's income and financial circumstances, and courts may modify awards that are excessive relative to the parties' r…
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Join FLexlaw to unlock all legal intelligenceAfter 30 years of marriage, the parties separated in 1967. Louis Firester petitioned for dissolution in May 1974 with net weekly income of $154 and we…
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PER CURIAM.
Petitioner, Louis Firester, appeals an alimony award of $80 per week to his ex-wife, Annie Firester, entered pursuant to a dissolution of marriage judgment.
The evidence with respect to this sole issue on appeal reflects that after being married for some 30 years, the parties separated in 1967. In May of 1974, when Louis Firester petitioned for dissolution of his marriage, he had a net weekly income of $154 and weekly expenses of approximately $85. Annie Firester, who is unskilled and unemployed since her marriage, receives $224 a month for disability.
In light of the above, we have determined the alimony award of $80 per week is excessive and an award of $50 per week is more equitable, each party thereby having equal monthly incomes in excess of $400.
Accordingly, we hereby modify the alimony provision of the final judgment to read:
That the Husband, LOUIS FIRES-TER, be and he is hereby ordered to pay to the Wife, ANNIE FIRESTER, the sum of $50.00 per week as and for permanent alimony, with the first payment becoming due on Monday, March 3, 1975, and a like sum on each Monday thereafter. Payments shall be made through the office of the Clerk of the Circuit Court, P.O. Box 012387, Flagler Station, Miami, Florida, 33101.
In all other respects the judgment is affirmed.
Affirmed as modified.