Hendricks v. Hendricks
Decision Date | 20 May 1975 |
Docket Number | No. 74--1175,74--1175 |
Citation | 312 So.2d 792 |
Parties | Robert A. HENDRICKS, Appellant, v. Joann HENDRICKS, Appellee. |
Court | Florida District Court of Appeals |
Hendricks & Hendricks, Coral Gables, for appellant.
Carr & Warren, Miami, for appellee.
Before BARKDULL, C.J., PEARSON, J., and CHARLES CARROLL (Ret.), Associate Judge.
This is an appeal from a judgment of dissolution of marriage. The appellant Robert A. Hendricks, who was the petitioner below, seeks reversal of certain provisions of the judgment other than for the dissolution of the marriage.
Included in the judgment were the following provisions. The wife was granted rehabilitative alimony of $500 per month, to continue for a period of six years unless she should remarry sooner, and the court reserved jurisdiction for the purpose of considering whether to allow periodic alimony after the end of the period fixed for payment of the rehabilitative alimony. The wife was held entitled to a special equity of $25,000 in the marital home property, owned by the parties as tenants by the entirety, to be paid to her from proceeds of sale of the property when made.
The wife was awarded custody of the two minor children, then aged 12 and 16 years, with right of reasonable visitation granted to the husband. For child support, it was ordered that the husband pay the wife $300 per month until the younger child attained majority, plus 'the petitioner-husband shall provide for the payments of the reasonable and necessary expenses occurred on behalf of each minor child for education in private schools, medical and dental care and hospitalization'.
The wife was granted the use and occupancy of the marital home in which to reside with the minor children until the younger child attained majority, and the husband was ordered to pay the mortgage payments, insurance and taxes thereon during such period. The judgment then directed that the marital residence property be sold when the period of the wife's occupancy ended, with the proceeds of the sale to be shared equally by the parties after payment therefrom of the said $25,000 to the wife.
Paragraph 6 of the judgment was as follows:
On examination of the record, and consideration of the briefs and the arguments of counsel, we affirm the judgment of dissolution of the marriage (which was not challenged on the appeal), and hold as set out below on the several matters submitted for decision here.
Where $300 per month was fixed for the support of the two minor children, no factual basis was shown to require or justify a provision for said full amount to be paid for the support of the younger child alone, after the majority of the older. The judgment is hereby amended as to the order for child support payments, to require payment of $150 per month for each minor child until such child shall attain majority. The trial court has continuing jurisdiction to make needed provisions for child support.
The provision for the wife to have the use and occupancy of the marital home until the younger of the minor children shall attain majority, would permit her occupancy to continue if she remarried sooner. We hold, as contended by appellant, it was error to fail to provide that the wife's right of occupancy of the marital home would not continue if she should remarry, and the judgment is hereby further amended to so provide.
We hold to be without merit the contention of the appellant that the court erred in ruling that the wife was entitled to a special equity of $25,000, payable out of the proceeds of sale of the marital home.
In support of the contention the appellant cites Steinhauer v. Steinhauer, Fla.App.1971, 252 So.2d 825, in which it was held that under the prevailing law a wife's contribution toward the purchase of a marital home, acquired and owned by a husband and wife as tenants by the entirety, is to be interpreted as within the realm of 'ordinary marital duties' or a prima facie...
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