DOROTHY M. WEEKS, APPELLANT,
v.
JAMES A. WEEKS, APPELLEE
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The appellate court held that the trial court erred in failing to award permanent alimony to the wife given the circumstances.
The parties were married for 18 years and had two children with significant special needs. The wife had a low-paying part-time job and was primarily r…
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LETTS, Judge.
The wife here appeals a dissolution of marriage judgment which did not award her any permanent alimony. We reverse.
The parties were married for eighteen (18) years and adopted two children. The son is seventeen and suffers from cerebral palsy, while the daughter is thirteen and has behavioral and emotional problems.
The wife has a part-time job in a thrift shop for $50.00 a week1 and the husband’s income is $17,000 per year. The record reveals the childrens’ problems make it almost impossible for the wife to hold a normal full-time job. Both children are in her care, custody and control.
Notwithstanding the foregoing, the trial court failed to award the wife any permanent alimony. Under the facts outlined above, we consider this to be reversible error. See McAllister v. McAllister, 345 So. 2d 352 (Fla. 4th DCA 1977).
Accordingly, the final judgment is hereby reversed and this cause is remanded with directions to the trial court to make a suitable award of permanent alimony.
In all other respects the final judgment is affirmed.
REVERSED AND REMANDED.
CROSS and MOORE, JJ., concur. . Wife’s job was due to terminate the week of trial.
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Citator
Cited By
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Hauser v. Cathleen K. Hauser, 644 So. 2d 554 (Fla. 4th DCA 1994)…0 in 1982 to approximately $218,000 in 1992, has a net monthly income of $11,000. An award of permanent periodic alimony in the amount of $3,000.00 per month is not unreasonable based on the evidence presented in the trial court. See Weeks v. Weeks, 363 So. 2d 602 (Fla. 4th DCA 1978) (failure to award permanent alimony reversed when problems of children made it almost impossible for wife to work full time). The award of child support of $2,500.00 per child per month is likewise supported by the evidence. Alt…
Authorities Cited
- McALLISTER v. McALLISTER, 345 So. 2d 352 (Fla. 4th DCA 1977)