Zucker v. Zucker

• Decision Date: 03 January 2001
• Docket Number: No. 4D98-2853.,4D98-2853.
• Citation: 774 So.2d 890
• Parties: Lloyd ZUCKER, Appellant/Cross-Appellee, v. Donna L. ZUCKER, Appellee/Cross-Appellant.
• Court: Florida District Court of Appeals

774 So.2d 890

Lloyd ZUCKER, Appellant/Cross-Appellee, v. Donna L. ZUCKER, Appellee/Cross-Appellant.

No. 4D98-2853.

District Court of Appeal of Florida, Fourth District.

January 3, 2001.

Stuart R. Manoff of Stuart R. Manoff, P.A., West Palm Beach, Amy D. Shield of Amy D. Shield, P.A., Boca Raton, and Jane Kreusler Walsh of Jane Kreusler Walsh, P.A., West Palm Beach, for appellant/cross-appellee.

Cynthia L. Greene of Law Offices of Cynthia L. Greene, Miami, and Martin L. Haines, III, Chartered, North Palm Beach (withdrawn after filing brief), for appellee/cross-appellant.

PER CURIAM.

Lloyd Zucker appeals, and Donna Zucker cross-appeals, from a final judgment of dissolution and two orders amending the final judgment. Appellant argues that the trial court erred in calculating the child support award. He also argues it erred by determining appellee was entitled to more alimony than she needs, and by awarding appellee more than $20,000 in attorney's fees. We affirm in part and reverse in part.

In 1983, the parties married in New Jersey. When they met, appellee worked as a nurse and appellant had begun his medical internship. She contributed no money to his medical education or training. They have one son, who was five years old at the time of the final hearing.

In 1994, the parties separated and entered into a property settlement agreement that provided for alimony and child support. The agreement distributed their assets with appellee receiving a lump sum of $30,000 in settlement of her property rights. Appellant then left appellee and moved to Florida. However, in October, 1994, appellee and their son moved to Florida and resumed living with appellant who paid their relocation expenses. The parties began marriage counseling, but in February, 1995, appellant told appellee he was moving out of their home, which he did in May, 1995.

In July, 1995, appellant filed a petition for dissolution of marriage. He claimed that the alimony and child support provisions of the 1994 property settlement agreement should not be enforced because the parties had reconciled. After a hearing, the trial court agreed and ordered that the agreement was abrogated by their reconciliation.

Evidence adduced at the final hearing showed that in 1998, appellant's salary was about $505,000 per year, and had ranged from the time of the marriage to the initial separation from $21,000 to $242,000 per year. It also showed that appellee was thirty-eight years old and, although she was a licensed practical nurse, she had not worked since 1988 because of a back injury suffered on the job.

David Ellrich, a forensic accountant, testified that in 1997 appellant's net monthly income was $27,701. He also testified that appellee's needs, which included raising her child, totaled $8,743 per month after taxes. This figure did not include an allocation for vacations, hobbies, or the child's after-school activities. He explained that if appellee were paid $10,000 per month in alimony, she would receive about $6,700 per month after taxes. This figure coupled with $2,000 per month in child support, would provide $8,700 for her living expenses.

The trial court found that appellant's net monthly income was $27,000 and appellee's was zero. It ordered appellant to pay appellee $2,322 per month in child support based on the 1995 child support guidelines and $11,000 per month as permanent periodic alimony. It computed the alimony, as follows:

Mr. Ellrich testified that the Wife's expenses are approximately $8,750 per month. Mr. Ellrich indicated that the Wife must receive $11,000 pre-tax dollars to equal the needed $8,750 per month post tax amount. Therefore, the Court awards to the Wife the sum of $11,000.00 per month permanent periodic alimony....

The trial court also ordered appellant to pay appellee $20,000 in attorney's fees in accordance with her attorney's retainer contract. Appellee's attorney had sought additional fees, but the trial court ruled that under her modified fee agreement she was not obligated to pay those fees because she was unable to pay them. On rehearing, however, the trial court changed its ruling and ordered appellant to pay $43,225.25 in attorney's fees and $1,809.94 in costs. This timely appeal followed.

Appellee concedes that the trial court erred in calculating child support. Here, the trial court applied the 1995 guidelines even though this case was pending when the 1996 amended version became effective.¹ The 1996 amended guidelines required that, for the purpose of calculating child support, the wife's alimony should be included in her income and that the husband's gross income should be reduced by his alimony obligation to the wife. § 61.30(2)(a)9., (3)(g), Fla.Stat. (1996).

A trial court must apply the child support guidelines as amended to a case that is pending when the amendment becomes effective. See e.g., Whight v. Whight, 635 So.2d 135, 138 (Fla. 1st DCA 1994). We therefore reverse for recalculation of the amount of child support.

Appellant also...