Laurenzo v. Laurenzo, 87-1855
| Decision Date | 12 April 1988 |
| Docket Number | No. 87-1855,87-1855 |
| Citation | 522 So.2d 1065,13 Fla. L. Weekly 936 |
| Parties | 13 Fla. L. Weekly 936 Mary Virginia LAURENZO, Appellant, v. Achilles Michael LAURENZO, Appellee. |
| Court | Florida District Court of Appeals |
Genet & Milner and Donald G. Criscuolo, North Miami Beach, for appellant.
George J. Blutstein, North Miami Beach, for appellee.
Before BASKIN and DANIEL S. PEARSON and FERGUSON, JJ.
This is an appeal from a final judgment ordering a modification of alimony payments.
The parties were divorced in 1970 after twenty years of marriage. At the time of the divorce, Mr. Laurenzo earned approximately $7,800 per year from a food market he owned and operated. During the marriage the wife had remained at home raising the parties' minor children. The final judgment of dissolution ordered the husband to pay $350 per month in alimony and provided that the wife's medical insurance and medical expenses were to be paid by the husband.
After the divorce Mr. Laurenzo's income and net worth increased dramatically; he currently earns $75,000 per year and has a net worth exceeding $1.4 million. In marked contrast to Mr. Laurenzo's financial success, Mrs. Laurenzo experienced a reduced standard of living leaving her unable to meet ordinary living expenses. To supplement her alimony, Mrs. Laurenzo cleaned a neighbor's house for $100 per week and ate leftover prepared meals that her daughter brought home from Mr. Laurenzo's market. As Mrs. Laurenzo's health declined, her medical expenses mounted. Mr. Laurenzo failed to pay the medical expenses as ordered by the judgment dissolving the marriage. Sixteen years after the divorce, Mrs. Laurenzo petitioned for a modification of alimony and for an order compelling Mr. Laurenzo to pay past and future medical expenses. Mr. Laurenzo counter-petitioned seeking to terminate the award of permanent alimony.
In support of the petition to modify alimony, Mrs. Laurenzo submitted a financial affidavit showing a need of $1,700 per month. The trial court increased the alimony obligation to $800 per month and ruled that Mr. Laurenzo is no longer obligated to pay Mrs. Laurenzo's medical expenses and insurance.
On appeal the appellant contends that where the trial court made a finding of fact that Mrs. Laurenzo's needs have increased and that Mr. Laurenzo has the ability to pay the increased need, it was error to deny an award of alimony sufficient to meet those needs. Furthermore, the appellant argues, under the order...
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Miller v. Miller, 91-398
...related needs. See Walter v. Walter, 464 So.2d 538 (Fla.1985); Gibson v. Gibson, 596 So.2d 1223 (Fla. 2d DCA 1992); Laurenzo v. Laurenzo, 522 So.2d 1065 (Fla. 3d DCA 1988); England v. England, 520 So.2d 699 (Fla. 4th DCA 1988); Shrine v. Shrine, 454 So.2d 26 (Fla. 1st DCA), rev. denied, 461......
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Boone v. Boone
...566 So.2d 583, 584 (Fla. 2d DCA 1990) (noting that same criteria apply in alimony modification proceedings); Laurenzo v. Laurenzo, 522 So.2d 1065, 1066 (Fla. 3d DCA 1988) (stating that, in modification proceedings, the receiving spouse's needs and the paying spouse's ability to pay are "sti......
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Cleary v. Cleary, 98-1945.
...Bassett v. Bassett, 571 So.2d 532 (Fla. 1st DCA 1990); Mitchell v. Mitchell, 536 So.2d 1107 (Fla. 4th DCA 1988); Laurenzo v. Laurenzo, 522 So.2d 1065 (Fla.1988). In Laurenzo, the court affirmed an increase in alimony 16 years after entry of the judgment based on the payee spouse's increased......
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Bassett v. Bassett, s. 90-122
...ability to pay, supports the trial court's award. Mitchell v. Mitchell, 536 So.2d 1107 (Fla. 4th DCA 1988); and Laurenzo v. Laurenzo, 522 So.2d 1065 (Fla. 3d DCA 1988). Our affirmance is based upon the record before us and the argument of the parties in their briefs, without consideration o......