Sheeder v. Sheeder

District Court of Appeal of Florida

Sheeder v. Sheeder

570 So. 2d 361, 1990 Fla. App. LEXIS 8289, 1990 WL 164823

CourtDistrict Court of Appeal of Florida

DecidedOctober 30, 1990

DocketNo. 89-1522

StatusPublished

This text of 570 So. 2d 361 (Sheeder v. Sheeder) 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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Sheeder v. Sheeder, 570 So. 2d 361, 1990 Fla. App. LEXIS 8289, 1990 WL 164823 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

This is an appeal from an order which denied the former husband’s motion to modify the alimony provision of the final judgment of dissolution. We conclude that the evidence does not justify imputing to the former husband the same income or earning ability that he enjoyed prior to his involuntary termination from the position held at the University of Miami for twenty-one years. Compare Ward v. Ward, 502 So.2d 477 (Fla. 3d DCA 1987) (where former spouse voluntarily quit job for lower-paying position, trial court should have imputed amount of income former spouse was capable of earning). In considering the petition for downward modification, the trial court should have taken into account that the former wife was then earning a substantially greater income than at the time of the final judgment of dissolution. § 61.14(1), Fla.Stat. (1989).

The cause is remanded with instructions to enter an order which reduces the alimony award accordingly.

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PER CURIAM.

This is an appeal from an order which denied the former husband’s motion to modify the alimony provision of the final judgment of dissolution. We conclude that the evidence does not justify imputing to the former husband the same income or earning ability that he enjoyed prior to his involuntary termination from the position held at the University of Miami for twenty-one years. Compare Ward v. Ward, 502 So.2d 477 (Fla. 3d DCA 1987) (where former spouse voluntarily quit job for lower-paying position, trial court should have imputed amount of income former spouse was capable of earning). In considering the petition for downward modification, the trial court should have taken into account that the former wife was then earning a substantially greater income than at the time of the final judgment of dissolution. § 61.14(1), Fla.Stat. (1989).

The cause is remanded with instructions to enter an order which reduces the alimony award accordingly.

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570 So. 2d 361, 1990 Fla. App. LEXIS 8289, 1990 WL 164823, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheeder-v-sheeder-fladistctapp-1990.

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