Reed v. Reed, 88-2047

• Decision Date: 11 April 1989
• Docket Number: No. 88-2047,88-2047
• Citation: Reed v. Reed, 541 So.2d 755, 14 Fla. L. Weekly 886 (Fla. App. 1989)
• Parties: 14 Fla. L. Weekly 886 Kathy G. REED, Appellant, v. Billy James REED, Appellees.
• Court: Florida District Court of Appeals

Page 755

541 So.2d 755

14 Fla. L. Weekly 886

Kathy G. REED, Appellant, v. Billy James REED, Appellees.

No. 88-2047.

District Court of Appeal of Florida First District.

April 11, 1989.

J. Jeffery Slingerland, of Lindsay, Andrews & Leonard, P.A., Milton, for appellant.

Jennifer Byrom Sparr, Milton, for appellees.

SHIVERS, Judge.

The wife appeals the child support provision in the final order of dissolution of marriage. We first note that the child support guidelines found in section 61.30, Fla.Stat. (1987), effective July 1, 1987, do not necessarily apply to this case as the parties to this appeal assumed because the petition for dissolution was filed before the effective date. Chapter 87-95, section 25, Laws of Florida.

Despite the husband's history of making $75.00 per week child support payments, his agreement to continue that rate of payment, and his apparent ability to do so, the trial court nevertheless required only a $50.00 per week payment from him. We cannot say that as a matter of law such an award constitutes an abuse of discretion. The record indicates that the trial court considered relevant factors in determining the child support requirement, e.g., Peak v. Peak, 411 So.2d 325 (Fla. 5th DCA 1982) (factors such as income of the noncustodial parent, needs of the children, their age, station in life, and the ability of the custodial parent to provide for the needs of the children), and simply ordered a child support payment by the husband in accordance with those factors. In addition, we cannot find from the record evidence establishing that a greater amount was required to meet the children's needs. McGregor v. McGregor, 371 So.2d 567 (Fla. 4th DCA 1979).

AFFIRMED.

SMITH, Chief Judge, concurs.

WENTWORTH, J., dissents, with an opinion.

WENTWORTH, Judge, dissenting.

I respectfully dissent. The record reflects the former husband's voluntary payment prior to the dissolution proceedings of $75 per week toward support of the parties' two children, ages 3 and 11 months at that time. The former husband's testimony indicated that he had the ability to pay at least that amount. ¹ His attorney requested that the court award that amount to the custodial parent, the former wife, who claimed need for $100 per week in child support. In these circumstances the trial court's award of $50 as weekly support was in my opinion an abuse of discretion, in view of the unrefuted evidence of the former husband's ability to pay and evidence of the children's need.

The court's reliance on the children's...