Farbman v. Farbman, 67--461
| Decision Date | 26 March 1968 |
| Docket Number | No. 67--461,67--461 |
| Parties | Minna FARBMAN, Appellant, v. William FARBMAN, Appellee. |
| Court | Florida District Court of Appeals |
Louis Winter, Miami, for appellant.
Ferrell & Young, Miami, for appellee.
Before CHARLES CARROLL, C.J., and PEARSON and BARKDULL, JJ.
The appellant was the plaintiff and counterdefendant in the trial court. She is the former wife of the appellee. The trial court entered a decree divorcing the parties and retained jurisdiction for the purpose of settling all financial matters. Thereafter, the decree appealed, which is entitled 'final order pertaining to alimony and children's support', was entered. On this appeal, appellant-former wife, contends the trial court erroneously set the amount of the alimony in an amount which was manifestly an abuse of discretion in view of her former husband's ability and her needs as reflected by the record.
The order appealed set the amount of alimony at $200 per month and provided for $100 per month for each of two children. One of the children is no longer living with the mother and by agreement the father is paying the appellant only $100 per month child support. The decree requires the wife to pay mortgage payments upon the home which is jointly owned by the parties. The first mortgage payment is in the amount of $171.10 per month and the second mortgage payment is $110.20 per month. At the time of the final decree the second mortgage had seven or eight payments remaining.
The clear intent of the final decree is that the wife may continue to use the jointly owned home as a residence for herself and the children. As regards the disposition of this property, the final decree provided:
'Lot 12, Block 10, LAGORCE GOLF SUBDIVISION, according to the Plat thereof recorded in Plat Book 14, Page 43 of the Public Records of Dade County, Florida, including all furnishings and fixtures therein'.
Upon the entry of the final decree of divorce the parties became tenants in common by operation of law in the above described property. Either may bring a suit for partition or they may agree among themselves for a private sale of said property, if they so desire.
The record establishes without controversy that for some five years prior to the filing...
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