Reeves v. Reeves, 5D01-194.
| Decision Date | 07 June 2002 |
| Docket Number | No. 5D01-194.,5D01-194. |
| Citation | 821 So.2d 333 |
| Parties | Michelle REEVES, Appellant, v. Carey REEVES, Appellee. |
| Court | Florida District Court of Appeals |
Roger B. Butcher and Gus R. Benitez of Benitez & Butcher, P.A., Orlando, for Appellant. Bill McCabe of Shepherd, McCabe & Cooley, Longwood, for Appellee.
In this dissolution of marriage proceeding, Michelle Reeves (wife) appeals the trial court's denial of her request for permanent alimony, refusal to depart upward from the presumptive child support guidelines, limitation on Carey Reeves' (husband) required contribution toward their child's uncovered medical expenses, and failure to specify whether the husband's payment of certain marital debts was in the nature of child support. We reverse the trial court's denial of permanent alimony because, even though this case involves a short term marriage, the wife is entitled to receive permanent alimony in light of the reduction in her income potential resulting from her obligation to care for the couple's handicapped child. We also reverse the child support award to the extent that it improperly limits the husband's obligation to contribute toward the child's uncovered medical expenses. In all other respects, the decision of the trial court is affirmed.
This case involves a short term marriage of four and one-half years but one which produced a child who is severely disabled and as a result requires constant care, treatment, and therapy. At the time of the dissolution, the wife was 32 years old and the husband was 34 years old. The husband earns in excess of $50,000.00 per year. The wife had earned approximately $27,000 per year as a teacher; however, when their child was born with severe disabilities, the parties agreed that the wife would leave her teaching career in order to care for the child. The wife subsequently became a real estate appraiser, because of the flexibility of hours, and was shown to have the ability of earning approximately $10,000.00 per year in that position. In issuing its final dissolution judgment, the trial court found that the wife was not voluntarily underemployed, but denied her request for permanent alimony. The trial court also specifically found, by clear and convincing evidence, that grounds to depart above the child support guidelines existed in this case because the child has special needs and expenses which are not considered as part of the presumptive guideline support amounts. However, the only upward departure ordered (beyond the trial court's 5% discretionary upward increase1) was an increase of $164.00 per month. This calculation was based upon the evidence that the husband earns 82% of the parties' combined income and the child incurs $200.00 per month in unreimbursed medical, dental, and prescription expenses.
The wife first argues that the trial court abused its discretion in denying her claim for permanent alimony. We agree. The trial court appears to have based its denial of alimony on the erroneous conclusion that the wife is earning as much as she has ever earned in her employment career when in fact, the undisputed evidence of record shows that she previously earned approximately $27,000.00 per year in her position as a teacher but is now...
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