Singer v. Singer, AA--268
| Decision Date | 25 February 1977 |
| Docket Number | No. AA--268,AA--268 |
| Citation | 342 So.2d 861 |
| Parties | Maita P. SINGER, Appellant (Respondent/Counter-petitioner), v. Robert N. SINGER, Appellee (Petitioner/Counter-respondent). |
| Court | Florida District Court of Appeals |
Robert M. Ervin and Carl E. Rude, Jr. of Ervin, Varn, Jacobs & Odom, Tallahassee, for appellant.
Jim L. Dye of Dye & Thrasher, Tallahassee, for appellee.
Mrs. Singer appeals from a final judgment in a dissolution of marriage action. The judgment dissolves the marriage, awards custody of two minor children to Mrs. Singer, awards child support, awards rehabilitative alimony, disposes of jointly owned personal property, and awards the use and occupancy of the marital home to Mrs. Singer and the two minor children for one year, subject to payment of the mortgage, maintenance, repairs, taxes and insurance by Mrs. Singer.
Although Mrs. Singer contends the trial court committed a number of errors, it is our opinion that only one of them requires our consideration. This issue is whether the trial court erred in limiting the use and occupancy of the home to one year and in providing that Mrs. Singer pay all ownership expenses during this time.
The minor children were a male and a female, ages seven and five. For the first year, Mr. Singer was required to pay support of $200.00 a month for each child. Thereafter, he was to provide $250.00 a month for each child. Mr. Singer was required to pay rehabilitative alimony of $450.00 a month for one year. The monthly mortgage payment on the home was $246.50. The annual taxes were $598.00. After dissolution of the marriage, the home was owned as a tenancy in common.
In our judgment, the trial court abused its discretion in limiting the use and occupancy of the home by Mrs. Singer and the minor children to one year and in failing to require Mr. Singer to pay one-half of the ownership expenses on the home during its use and occupancy by Mrs. Singer and the minor children.
Although the food, medical, clothing and incidental expenses of the children are adequately provided for by the monthly support money awarded, the father is also required to provide adequate shelter. This has been done for one year only. This is inadequate. For children of tender age, such as those here, the dissolution of the marriage between their parents is an unsettling experience. To require them to move from their home within one year of the traumatic dissolution of marriage can only add...
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