Price v. Price

951 So. 2d 55, 2007 WL 700929
CourtDistrict Court of Appeal of Florida
DecidedMarch 9, 2007
Docket5D05-3174, 5D05-3713
StatusPublished
Cited by8 cases

This text of 951 So. 2d 55 (Price v. Price) 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
Price v. Price, 951 So. 2d 55, 2007 WL 700929 (Fla. Ct. App. 2007).

Opinion

951 So.2d 55 (2007)

Robert D. PRICE, Appellant,
v.
Nicole Jena PRICE, Appellee.

Nos. 5D05-3174, 5D05-3713.

District Court of Appeal of Florida, Fifth District.

March 9, 2007.

*56 Nancy N. Nowlis and Corrine A. Bylund of Zisser, Robison, Brown, Nowlis & Maciejewski, P.A., Jacksonville, for Appellant.

Gregory E. Tucci, Ocala, for Appellee.

LAWSON, J.

Robert D. Price appeals from a final judgment dissolving his marriage to Nicole Jean Price. He challenges the award of alimony and attorneys' fees to his former wife. For the reasons explained below, we uphold the alimony award and reverse the attorneys' fees award. We also address several prior panel decisions from our court which forbid trial courts in our jurisdiction from awarding "bridge-the-gap" alimony.

Relevant Facts and Proceedings Below

Robert and Nicole Price were married in 1991 shortly after Nicole graduated from high school. At the time, Robert was on active duty in the United States Navy, and was stationed in Jacksonville, Florida. Nicole attended cosmetology school, and later received a cosmetology license. In 1991, she worked at a part-time job and earned $3,117 that year. A year later, she gave birth to a son.

Because Robert was on active duty in the Navy, which required lengthy tours of duty at sea, Nicole stayed home to care for their son for the next three years. Nicole re-entered the work force, part time, in 1995, earning an annual income of $5,509. She continued her part-time employment until 1996, when she gave birth to the couple's daughter. Nicole did not work outside of the home again until 2003, when she separated from Robert. By that time, her cosmetology license had expired. She found part-time employment in an unrelated field and earned $3,676, which she used to relocate herself and her children to Marion County, Florida. Also, using money borrowed from her parents, Nicole rented a two bedroom apartment, where she currently resides with both children.

In March of 2004, Nicole secured stable employment with the Marion County Health Department. For all but three of the eighteen months that Robert and Nicole were separated prior to trial, he sent her $600. Under the guidelines, Robert's minimum monthly child support obligation at the time of separation should have been $962.44.

*57 In September of 2004, after 13 years of marriage, Nicole filed a petition for dissolution. In the petition, she requested primary residential responsibility for the two minor children, payment of marital debts, child support, and alimony. Prior to trial, Nicole submitted an amended family law affidavit that listed gross monthly income of $1,483.78, and net monthly income of $1,271.28. She listed total monthly expenses of $1,761, leaving her with a monthly deficit of $489.72. However, the affidavit does not list the $600 she received from Robert.

Robert submitted a family law affidavit that listed gross monthly income of $3,767.76, and net monthly income of $3,377.97. He listed total monthly expenses of $3,222.67, leaving him a monthly surplus of $155.30. The affidavit did not include the $600 monthly payment to Nicole. During the trial, Robert admitted that his post-separation gross salary had increased to $4,212.88, but that his monthly expenses had remained the same.

Nicole testified that she needed $500 in alimony to: 1) go back to school; 2) pay for reasonable and necessary expenses, including expenses not listed in her affidavit; and 3) move out of her two bedroom apartment and into a three bedroom apartment so that both children could have a room of their own. Neither party presented a rehabilitation plan, and Nicole admitted that she had neither researched the cost of returning to school nor even identified any particular program of study. She testified that it would cost an additional $300-$600 per month in rent for a three bedroom apartment. Robert admitted that a two bedroom apartment was inadequate for the children, and noted that he was willing to pay more money so that the children could be moved into a larger apartment. However, he suggested that any additional payment ordered should be added to his existing child support payment. He argued that an award of alimony was not warranted because when the $600 he had been paying in child support was added to the amount listed in Nicole's financial affidavit she had a monthly surplus sufficient to meet her needs.

The trial court considered the testimony and financial information provided and entered a final judgment of dissolution. First, the court awarded primary residential responsibility for both children to Nicole. Robert did not contest this arrangement. Second, after finding that the marriage was a partnership with each party making equal contribution, the court equally divided marital assets and liabilities. This ruling is not challenged on appeal. Third, the court found that the parties' thirteen and one-half year marriage fell into the "gray area" where there is no presumption for or against an award of alimony. However, the court noted that Nicole's decision to stop working to care for the children allowed Robert to pursue his career in the Navy. After finding that Robert had an ability to pay alimony, and that Nicole demonstrated a need for alimony, the court awarded Nicole $500 per month in permanent periodic alimony. The court noted that the award was based in part on the fact that neither party submitted a rehabilitation plan, which limited the court (under our precedent) to an award of permanent periodic alimony, or none at all.

The court specifically rejected Robert's argument that Nicole's need could only be established from the entries contained in her financial affidavit, which Robert argued showed a surplus after his prior $600 monthly child support payments. The court disagreed, noting that "the amounts for necessities reflected in her financial affidavit are pathetically low" and that her request for $500 was "a very, very reasonable *58 request based on her extremely reasonable financial affidavit." For example, Nicole listed monthly expenses for clothing ($20), grooming ($5), and entertainment ($10). She testified that this was based upon the amount that Robert allowed her to spend on herself, for these items, during the marriage. By contrast, Robert listed greater monthly expenses for clothing ($50), grooming ($20), and entertainment ($50). Similarly, Nicole listed $430 for food, compared to Robert's $580 food budget. Additionally, Robert listed monthly expenses for cable/internet service ($75), and gifts ($50), which Nicole was not able to afford at all.

Next, the court found that Robert's child support payments had been less than required under the child support guidelines and ordered Robert to increase the payment to $942.42 per month. Based on the past discrepancy, the court also awarded Nicole $8,240.03 in retroactive child support. After the parties agreed to deduct the amount Nicole owed Robert for marital debts, the court found that Robert owed $3,331.03 to Nicole and ordered him to pay that amount in monthly installments of $50.

Finally, the court announced Nicole's entitlement to attorneys' fees, but reserved ruling on the amount for a subsequent hearing. At that hearing, the court considered testimony from another attorney regarding the reasonableness of the amount of attorneys' fees requested, and testimony from Nicole that the work was provided. The court subsequently entered an order that required Robert to pay all of Nicole's attorneys' fees, $5,555.50, within twelve months. This appeal followed.

Jurisdiction and Standard of Review

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Holloway v. Holloway
246 So. 3d 1307 (District Court of Appeal of Florida, 2018)
Clemens v. Clemens
200 So. 3d 237 (District Court of Appeal of Florida, 2016)
Vitro v. Vitro
122 So. 3d 382 (District Court of Appeal of Florida, 2012)
Foster v. Foster
83 So. 3d 747 (District Court of Appeal of Florida, 2011)
Engesser v. Engesser
42 So. 3d 249 (District Court of Appeal of Florida, 2010)
Jones v. Jones
28 So. 3d 229 (District Court of Appeal of Florida, 2010)
Lovell v. Lovell
14 So. 3d 1111 (District Court of Appeal of Florida, 2009)
PAGONICO v. Bye
975 So. 2d 532 (District Court of Appeal of Florida, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
951 So. 2d 55, 2007 WL 700929, Counsel Stack Legal Research, https://law.counselstack.com/opinion/price-v-price-fladistctapp-2007.