Levine v. Levine, 75-1081

• Decision Date: 02 March 1976
• Docket Number: No. 75-1081,75-1081
• Citation: 329 So.2d 381
• Court: Florida District Court of Appeals
• Parties: Sydney LEVINE, Appellant, v. Rachel D. LEVINE, Appellee.

Page 381

329 So.2d 381

Sydney LEVINE, Appellant, v. Rachel D. LEVINE, Appellee.

No. 75-1081.

District Court of Appeal of Florida, Third District.

March 2, 1976.

Rehearing Denied April 22, 1976.

Eleanor Levingston Schockett, Miami, for appellant.

Burton D. Greenfield, Coral Gables, for appellee.

Before PEARSON, HAVERFIELD and NATHAN, JJ.

PER CURIAM.

Appellant, former husband of appellee, seeks reversal of an order denying his petition for modification of property settlement.

The marriage between appellant, Sydney Levine, and appellee, Rachel Levine, was dissolved on March 3, 1972, and incorporated into the dissolution judgment was a property settlement which provided in pertinent part that (1) Rachel have custody of their minor son; (2) Sydney pay $75 per week alimony and $50 per week child support; (3) in the event Sydney's income exceeded $20,000, Rachel would receive 15% Of the excess, i. e. 7 1/2% As child support and 7 1/2% As alimony; and (4) under no circumstances would the alimony or child support be reduced unless there is a substantial decrease in Sydney's adjusted gross income. In September 1972 Sydney developed cardiomyopathy, a disabling form of heart disease, and as a result he became totally disabled and was forced to give up his medical practice. He began receiving $2,550 per month under his professional disability policy, $100 per month pension from the Veterans Administration (VA) and $268 per month in social security benefits. In addition, his minor son and second wife were each receiving $106.80 per month from the Social Security Administration as dependents of a disabled person. On February 4, 1974 Sydney filed a petition for modification and prayed that (1) he be awarded custody of their minor son inasmuch as by agreement of the parties the child presently was residing with him, and (2) the alimony payments be terminated on the ground that he is permanently and totally disabled from any gainful employment. Rachel filed a response to the petition and a motion to punish for contempt for, inter alia, being in arrears in alimony payments. By order of July 3, the chancellor changed the custody of the minor son from Rachel to Sydney and found that there was no child support payments due Rachel. At final hearing on June 5, 1975 the chancellor found that Sydney had a net yearly income of $20,000 at the time of the dissolution of his marriage to Rachel and presently has a net income of $30,600 per year, plus the VA pension and...