Nichols v. Nichols

District Court of Appeal of Florida

Nichols v. Nichols

651 So. 2d 1316, 1995 Fla. App. LEXIS 3216, 1995 WL 132237

CourtDistrict Court of Appeal of Florida

DecidedMarch 29, 1995

DocketNo. 94-0353

StatusPublished

This text of 651 So. 2d 1316 (Nichols v. Nichols) 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.

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Nichols v. Nichols, 651 So. 2d 1316, 1995 Fla. App. LEXIS 3216, 1995 WL 132237 (Fla. Ct. App. 1995).

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Opinion

GUNTHER, Judge.

Appellant, Jeffrey Nichols, former husband below, appeals a trial court order which established and domesticated a New York foreign support order, denied his petition for modification and ordered Appellant to pay arrearage for alimony and child support. We affirm in all respects except one. As conceded by the former wife at oral argument, the payment of periodic, permanent alimony should have terminated upon her remarriage. See Keister v. Keister, 458 So.2d 82 (Fla. 4th DCA 1984), rev. denied, 466 So.2d 217 (Fla.1985); Friedman v. Schneider, 52 So.2d 420 (Fla.1951). Accordingly, this case is reversed and remanded with directions to the trial court to reduce the arrearage awarded by the amount of alimony which accrued after the former wife remarried.

AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

POLEN and FARMER, JJ., concur.

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GUNTHER, Judge.

Appellant, Jeffrey Nichols, former husband below, appeals a trial court order which established and domesticated a New York foreign support order, denied his petition for modification and ordered Appellant to pay arrearage for alimony and child support. We affirm in all respects except one. As conceded by the former wife at oral argument, the payment of periodic, permanent alimony should have terminated upon her remarriage. See Keister v. Keister, 458 So.2d 82 (Fla. 4th DCA 1984), rev. denied, 466 So.2d 217 (Fla.1985); Friedman v. Schneider, 52 So.2d 420 (Fla.1951). Accordingly, this case is reversed and remanded with directions to the trial court to reduce the arrearage awarded by the amount of alimony which accrued after the former wife remarried.

AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

POLEN and FARMER, JJ., concur.

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651 So. 2d 1316, 1995 Fla. App. LEXIS 3216, 1995 WL 132237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nichols-v-nichols-fladistctapp-1995.

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