Alford v. Alford

• Court: Florida District Court of Appeals
• Writing for the Court: RYDER; OTT, Acting C. J., and DANAHY
• Citation: Alford v. Alford, 364 So.2d 1255 (Fla. App. 1978)
• Decision Date: 01 December 1978
• Docket Number: No. 78-337,78-337
• Parties: Joann ALFORD, Appellant, v. George E. ALFORD, Appellee.

Page 1255

364 So.2d 1255

Joann ALFORD, Appellant, v. George E. ALFORD, Appellee.

No. 78-337.

District Court of Appeal of Florida, Second District.

Dec. 1, 1978.

Gene H. Auvil of McGee & Auvil, P. A., Brooksville, for appellant.

RYDER, Judge.

This is an appeal from portions of the order dissolving the marriage between the parties. The wife contends that the amount of child support awarded is insufficient and that the trial court should have awarded her possession of the marital home. We agree on both points, and we reverse.

Following the filing of the husband's petition for dissolution and the wife's answer and counter-petition, custody of the minor child (age 14 at the time of filing the petition) and possession of the marital home were temporarily awarded to the wife, and the husband was ordered to pay $200.00 per month temporary child support. Both husband and wife sought custody of the child. The wife also sought either the husband's interest in the home as lump sum alimony or possession of the home during the child's minority.

Husband is totally disabled and draws a tax-free government disability pension of $722.00 per month. While he was disabled, he worked as a night shift security guard in Alaska twelve hours a night, seven days a week from March 1976 to August 1977 and earned approximately $57,000.00 during that period. However, he testified at the hearing that due to his lameness and general poor health, he could not handle a regular security job, nor could he pass the physical required for a job as a security guard. Wife works as an office nurse and nets $656.00 per month. In addition to the usual expenses of raising a teenager, the minor daughter has for some time owned a horse for which the cost of maintenance and veterinary care is $43.00 per month.

Final hearing was held before a different judge. After the final hearing, the successor judge granted dissolution, awarded custody of the child to the wife, found that $125.00 per month was a reasonable amount for complete support of the child, and ordered that husband to pay half that sum, $62.50 per month. The judge ruled that neither party should be awarded exclusive use and occupancy of or any type of possessory interest in the marital home.

The law gives the trial judge broad discretion in determining the amount of child support. Kahn v. Kahn, 78 So.2d 367 (Fla.1955). Nevertheless, an appellate court is justified in ordering an increase in support when it finds a clear abuse of...