Jones v. Jones, Z--42
| Decision Date | 20 April 1976 |
| Docket Number | No. Z--42,Z--42 |
| Citation | 330 So.2d 536 |
| Parties | Herbert P. JONES, Appellant (Petitioner), v. June H. JONES, Appellee (Respondent). |
| Court | Florida District Court of Appeals |
D. Michael Chesser, Fort Walton Beach, for appellant.
J. LaDon Dewrell, of Dewrell & Kessler, Fort Walton Beach, for appellee.
Mr. Jones sued Mrs. Jones for dissolution of their marriage. He also asked the court to fairly and equitably dispose of property acquired by the parties during their marriage.
Mrs. Jones answered and filed a counterclaim asking that the marriage be dissolved, and that she be awarded custody of the four minor children of the parties, temporary and permanent child support, temporary, permanent and exclusive use of the homeplace, temporary and permanent alimony including the homeplace, and attorney's fees. A list of the real and personal property acquired by the parties during marriage was set forth in the counterclaim. Mr. Jones denied all of the allegations.
Following the trial, the court dissolved the marriage, awarded custody of the four minor children to Mrs. Jones, ordered Mr. Jones to pay all medical and dental expenses incurred by the children, ordered Mr. Jones to pay all of the financial obligations of the marriage, ordered Mr. Jones to designate his four children as beneficiaries of one-half of the proceeds of certain insurance policies on his life, if he maintained the insurance, awarded Mrs. Jones all of the household furnishings and an automobile, and ordered Mr. Jones to pay the attorney's fee and costs of Mrs. Jones. Mr. Jones does not contest these parts of the final judgment.
Mr. Jones does contest the following parts of the judgment:
1. the award to Mrs. Jones, as lump sum alimony, of a one-third interest in the homeplace (after this award, Mrs. Jones had an undivided 2/3 interest and Mr. Jones an undivided 1/3 interest in the homeplace as tenants in common);
2. the award to Mrs. Jones of exclusive use of the homeplace for a period of not less than ten years or until all of the children shall become emancipated, whichever comes last;
3. the award of $400.00 a month as child support, to continue until all of the children shall attain 18 years of age, marry, die or become self-supporting, whichever first occurs;
4. the award of additional child support which requires Mr. Jones to pay the mortgage, taxes and insurance on the homeplace;
5. the award to Mrs. Jones of permanent alimony of $200.00 a month for thirty-six months, and thereafter $100.00 a month until Mrs. Jones dies or remarries, whichever first occurs;
6. the requirement that Mr. Jones pay all major expenses of maintenance and upkeep on the homeplace.
The trial court has authority to order a husband to convey to the wife his undivided interest in property they own as tenants in common as lump sum alimony. Reid v. Reid, 68 So.2d 821 (Fla.1953). But lump sum alimony should be awarded only in those instances where some special equities require it, Yandell v. Yandell, 39 So.2d 554 (Fla.1949), and it is justified only where it serves a reasonable purpose, such as rehabilitation, or the award would be advantageous to both parties. Calligarich v. Calligarich, 256 So.2d 60 (Fla.App.4th, 1971).
In the case before us, the wife was in good health, she had a college degree in home economics, her four minor children were of school age, she was awarded permanent periodic alimony, she was given exclusive use of the homeplace for ten years and the husband was required to pay the mortgage, taxes, insurance, major maintenance and upkeep. She proved no special equity nor was the award rehabilitative or advantageous to both parties. The trial court erred in its award of lump sum alimony.
The award to Mrs. Jones of exclusive use of the marital home for not less than ten years or until all of the children become emancipated, whichever comes last, would permit her to occupy the home after remarriage. This was error. Occupancy should not continue if the wife should remarry. Hendricks v. Hendricks, 312 So.2d 792 (Fla.App.3d, 1975).
Mr. Jones contends that in awarding support for the four children the trial court erred in not separately stating the amount awarded for each child, citing this court's previous opinion in Hardy v Hardy, 118 So.2d 106 (Fla.App.1st, 1960). In Hardy, the court was confronted with a lump sum covering both alimony and child support. There the...
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