Dickson v. Dickson

204 So. 3d 498, 2016 Fla. App. LEXIS 11718
CourtDistrict Court of Appeal of Florida
DecidedAugust 3, 2016
DocketNo. 4D15-2804
StatusPublished
Cited by6 cases

This text of 204 So. 3d 498 (Dickson v. Dickson) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dickson v. Dickson, 204 So. 3d 498, 2016 Fla. App. LEXIS 11718 (Fla. Ct. App. 2016).

Opinions

CIKLIN, C.J.

The former wife appeals the final judgment of dissolution of marriage, raising three arguments. First, she contends that the trial court erred in awarding bridge-the-gap alimony and finding that permanent alimony was inappropriate. Second, she argues that the trial court erred in not awarding retroactive child support. Third, she challenges the equitable distribution scheme. We find the first two issues have merit and require reversal.

The parties were married in April 1994. In June 2013, the former husband petitioned for dissolution of marriage. In her counterpetition, the former wife requested alimony and child support for the three minor children who were born of the marriage.

The parties proceeded pro se at trial, but they did not testify in traditional narrative fashion with the trial judge instead electing to ask each party questions. The parties’ responses revealed the following. The parties have three minor children. The former wife is a full-time student, pursuing a degree as a surgical technician. She has completed one year of a three-year program. The starting pay for a surgical technician is “anywhere between $15 and $16.61” an hour. She has no source of income and her monthly expenses total about $2,520. She will have to repay student loans upon finishing school.

The former husband earns $79,221 a year and averages between $25,000 and $29,000 a year in overtime. His monthly rent and utilities total $500, and his cell phone service costs $110 a month.

The former wife attempted to provide additional information about her financial situation, but the trial court interrupted and the following exchange occurred:

Court: I don’t need to know that. You’re forty-two years old?
Former Wife: I will be forty-three in two months, yes, ma’am.
Court: So forty-two years old. I’m just going to explain to both of you, this is not a permanent alimony case, it’s just not. Rehabilitative you would have had to submit a rehabilitative plan, and you did not do that. For me to be able to do rehabilitative you need to do a rehabilitative plan and it’s got to be very detailed. The statutory requirement on that’s pretty big or [501]*501pretty- explicit of what needs to be done. I do see this as a bridge-the-gap alimony case, but that’s a two-year—basically it gives you two years to get it together, and it sounds like you’re pretty far into that already so that’s a very good thing. But I still have to take -into consideration a whole bunch of other things, put it that way.

The former wife explained that she needed more than two years, and the following exchange occurred:

Former Wife: I have been home for twenty years raising our kids, supporting him and his career. I never will have the earning ability that he has.
Court: Well, it isn’t about equal earning ability.... [I]t is hard when you’re representing yourself.
Former Wife: I mean, me being a homemaker and providing care for our children and everything that I’ve done and—
Court: And -that’s a basis for child support, absolutely.
Former Wife: Medical needs, our kids all have [Individualized Education Programs], I’m constantly needing to do things at school, I had to homes-chool our oldest, he has a hearing- loss that he’s had a lot of issues with. He has a very demanding job that - takes him out of town consistently. There’s a lot of—there’s a ton of reasons.
Court: Oh no, I’m not saying that there isn’t. It’s just the statute’s what it is and I have to follow it, whether I like it or not.
Former Wife: And we were married for nineteen years.
Court: It’s not a permanent alimony case. You’re forty-two years old, it’s not a rehabilitative alimony case only because I don’t have a rehabilitative plan.
Former Wife: I can’t even get a job in ■ McDonald’s right now because I haven’t had a job in so long.
Court: ..'. I’m telling you what the statute is.,. It’s not permanent alimony. You’re forty-two years old, so it’s definitely not a permanent alimony case.

In the amended final judgment, the trial court made the following findings and conclusions with regard to alimony:

1. The court finds that the Wife has a need for and that the Husband has the present ability to pay,, [sic] alimony as follows: The Husband shall pay bridge-the-gap alimony in the amount of $1,640.00 monthly.
2. Reasons for Awarding Alimony. The court has considered all of the following in awarding/denying alimony:
a. The standard of living established during the marriage;
b. The duration of the marriage;
c. The age and the physical and emotional condition of each party;
d. The financial resources of each party, the non-marital and marital assets and liabilities distributed to each;
■ e. The contribution of each party to the ■ marriage, including, but not limited to, services rendered in homemak- - ing, child care, education, and career building of the other party; and
f. All sources of income available to either party. Additionally, the court has considered the following factors in reaching its decision:
The Wife was the primary caregiver for the parties’ minor children during the marriage. She is 42 years old and is in the process of completing her education [502]*502so that she may re-enter the workforce. The Wife did not provide the Court with any rehabilitative alimony plan. However, bridge-the-gap alimony is appropriate. Above the needs for the children, the Wife’s needs are $1,640.00 monthly.

The trial court also awarded prospective child support and devised a scheme of equitable distribution of the parties’ marital assets and liabilities. The parties did not have any substantial marital assets and the final judgment does not address non-marital assets.

The former wife filed a timely motion for rehearing, arguing that she should have received permanent or durational alimony as well as retroactive child support. The trial court denied the motion without elaboration.

“An award of alimony will usually not be reversed on appeal absent an abuse of discretion. However, ‘[w]here a tidal judge fails to apply the correct legal rule ... the action is erroneous as a matter of law.’ ” Ondrejack v. Ondrejack, 839 So.2d 867, 870 (Fla. 4th DCA 2003) (alterations in original) (citations omitted). Section 61.08, Florida Statutes (2013), governs the award of alimony and provides the following in pertinent part:

(1) In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be bridge-the-gap, rehabilitative, durational, or permanent in nature or any combination of these forms of alimony. In any award of alimony, the court may order periodic payments or payments in lump sum or both....

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Bluebook (online)
204 So. 3d 498, 2016 Fla. App. LEXIS 11718, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dickson-v-dickson-fladistctapp-2016.