Martin v. Martin, 90-1732
| Decision Date | 18 July 1991 |
| Docket Number | No. 90-1732,90-1732 |
| Citation | 582 So.2d 784 |
| Parties | 16 Fla. L. Weekly D1849 Richard A. MARTIN, Appellant/Cross-Appellee, v. Candice B. MARTIN, Appellee/Cross-Appellant. |
| Court | Florida District Court of Appeals |
Gary A. Poe of Gary A. Poe & Associates, P.A., Inverness, for appellant/cross-appellee.
S. Sue Robbins of Matthies, Cross, deBoisblanc, Haldin & Robbins, P.A., Ocala, for appellee/cross-appellant.
This is an appeal from a judgment in a marriage dissolution case. Parenthetically, we note that the judge signed two judgments dated the same day, one prepared by appellant's attorney, entitled "Final Order for Dissolution of Marriage," the other prepared by appellee's attorney, entitled "Final Judgment." The judgment prepared by appellee's attorney was filed, thus rendered, on August 9, 1990 while the judgment prepared by appellant's attorney was filed on September 28, 1990. The September 28, 1990 judgment was filed after the filing of the notice of appeal and is thus a nullity.
We affirm the child support and custody portions of the judgment with the caveat that all such matters are always subject to reevaluation upon any material change of circumstances regarding visitation, shared parental responsibility or alternating residency. See e.g., Gerscovich v. Gerscovich, 406 So.2d 1150 (Fla. 5th DCA 1981). Age of the children and proximity of the residences of the parents are critical factors in the decision to award alternating custody. See also Wilking v. Reiford, 582 So.2d 717 (Fla. 5th DCA 1991).
We reverse the alimony award which reads (in both judgments, by the way):
8. The Husband shall pay to the Wife the sum of FOUR HUNDRED FIFTY AND NO/100 DOLLARS ($450.00) per month as alimony, said payments to commence on June 1, 1990, and continue on the first (1st) day of each month thereafter until the minor child of the parties reaches school age and is enrolled in kindergarten, at which time the alimony payments shall terminate.
This award is unsupported by the evidence. It is probably intended to be some kind of rehabilitative alimony because it is in a fixed amount for a set period of time. The record does not reveal any specific need for rehabilitative alimony. As was said in Kirchman v. Kirchman, 389 So.2d 327 (Fla. 5th DCA 1980), rehabilitative alimony is for a needy spouse to obtain a skill or license or education to equip her (or him) to be self-supporting. This appellee did not demonstrate either a plan for rehabilitation or a need.
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