Hill v. Hooten

776 So. 2d 1004, 2001 WL 43014
CourtDistrict Court of Appeal of Florida
DecidedJanuary 19, 2001
Docket5D00-1095
StatusPublished
Cited by26 cases

This text of 776 So. 2d 1004 (Hill v. Hooten) 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
Hill v. Hooten, 776 So. 2d 1004, 2001 WL 43014 (Fla. Ct. App. 2001).

Opinion

776 So.2d 1004 (2001)

Laura M. HILL, Appellant,
v.
Roger Dean HOOTEN, Appellee.

No. 5D00-1095.

District Court of Appeal of Florida, Fifth District.

January 19, 2001.

*1005 Linda Logan Bryan, Miller, Shine & Bryan, P.A., St. Augustine, for Appellant.

Charles A. Esposito, Upchurch & Esposito, P.A., St. Augustine, for Appellee.

PALMER, J.

Laura Hill (Wife) appeals the final judgment dissolving her marriage to Roger Hooten (Husband). We reverse and remand for further proceedings.

The parties were married for 17 years. Both were registered nurses when they married. Husband became a certified nurse anesthesiologist during the marriage. At the time of trial, Husband was earning a net monthly salary of $5,850.00. Wife was earning a net monthly salary of $758.00 although her counsel suggested she had an earning capacity of $1,750.00 per month. The parties have one child who was born in 1985.

At trial the only unresolved issues involved alimony and allocation of marital debt. Wife sought an award of permanent periodic alimony. Neither party claimed that an award of rehabilitative alimony would be appropriate. The marital debt in question consisted of $62,000.00 in student loans incurred by the Husband in becoming a certified nurse anesthesiologist. The final hearing was very informal, with both counsel and the parties (unsworn) primarily responding to questions asked by the court.[1]

At the conclusion of the hearing, the trial court awarded the Wife $500.00 per month for 36 months as rehabilitative alimony. The trial court did not provide any findings of fact to support the ruling. The court further required the Husband to fully assume the marital debt and to pay child support in the amount of $1,000.00 per month until the minor child reached the age of 18. The court did not require the Husband to obtain life insurance to secure his child support obligation in spite of a stipulation to that effect. The court also failed to issue a ruling with respect to the child's non-covered medical expenses.

Alimony

Wife argues that the trial court erred in denying her request for permanent periodic alimony, in failing to set forth findings of fact as to the denial of permanent periodic alimony, and in awarding rehabilitative alimony absent any evidence related thereto.

Section 61.08 of the Florida Statutes (1999) states that in all dissolution actions the court shall include findings of fact relative to the following factors to support its award or denial of alimony:

61.08 Alimony.—
* * *
(2) In determining a proper award of alimony or maintenance, the court shall consider all relevant economic factors, including but not limited to:
(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 the marital assets and liabilities distributed to each.
(e) When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
*1006 (f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
(g) All sources of income available to either party.
The court may consider any other factor necessary to do equity and justice between the parties.

In construing this statute, our court has consistently ruled that the failure to provide such findings constitutes reversible error. See Brown v. Brown, 626 So.2d 1121 (Fla. 5th DCA 1993); Miller v. Miller, 625 So.2d 1320 (Fla. 5th DCA 1993); Moreno v. Moreno, 606 So.2d 1280 (Fla. 5th DCA 1992).

Review of the final judgment reveals that the trial court set forth few facts in support of its rulings. The judgment explains that the Wife is 44 years old and the Husband is 47. The order states that the Wife is a registered nurse with employment prospects upon a return to work, that she last earned $30,000.00 at her highest paid employment, and that she has plans to relocate in an effort to increase her employment prospects. The order further explains that the Husband is a certified nurse anesthesiologist earning $85,000.00 annually. No additional factual findings are set forth in the order.

Although the facts of this case strongly suggest that permanent periodic alimony should have been awarded to the Wife, we cannot say that she was entitled to receive such an award as a matter of law because the trial court failed to set forth sufficient findings of fact. In that regard, the final judgment fails to discuss the standard of living established by the parties during the marriage, the duration of the marriage, the physical and emotional condition of the parties, the financial resources of the Wife, the non-marital and marital assets and liabilities distributed to each party, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment, the contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party, and all sources of income available to the parties. The trial court's failure to comply with the statutory mandate requires reversal of the dissolution order and remand with instructions that proper findings be provided. See Rausch v. Rausch, 680 So.2d 624 (Fla. 5th DCA 1996)(holding that although evidence concerning the statutory factors was presented by the parties during the dissolution hearing, the trial court's failure to set forth findings of fact in the dissolution judgment required reversal). Accord Henin v. Henin, 767 So.2d 1284 (Fla. 5th DCA 2000).

In any event, the trial court's award of rehabilitative alimony must be reversed because the parties failed to present evidence of any valid rehabilitation plan which would support the award. The principal purpose of awarding rehabilitative alimony is to provide funds to the requesting spouse so he or she can establish the capacity for self-support, either through the redevelopment of previous skills or the provision of the training necessary to develop potential supportive skills. Canakaris v. Canakaris, 382 So.2d 1197, 1202 (Fla.1980). We have ruled that rehabilitative alimony cannot be awarded absent a rehabilitative plan. Fullerton v. Fullerton, 709 So.2d 162, 164 (Fla. 5th DCA 1998). Here, the trial court awarded the Wife what it considered to be rehabilitative alimony, yet no evidence was presented during the hearing to support the conclusion that the Wife possessed any 36 month rehabilitation plan or that after the 36 month time period she could earn income that would allow her to enjoy a lifestyle approaching that which she enjoyed during the marriage.[2]

*1007 Upon remand, the trial court must either award permanent periodic alimony or set forth findings of fact upon which it bases the denial of such an award. In so doing, the court should bear in mind that this 17 year marriage is a long-term marriage which creates a presumption in favor of an award of permanent alimony.[3]

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Cite This Page — Counsel Stack

Bluebook (online)
776 So. 2d 1004, 2001 WL 43014, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hill-v-hooten-fladistctapp-2001.