Yankow v. Yankow

District Court of Appeal of Florida

Yankow v. Yankow

357 So. 2d 468, 1978 Fla. App. LEXIS 15378

CourtDistrict Court of Appeal of Florida

DecidedApril 14, 1978

DocketNo. 77-1489

StatusPublished

Cited by2 cases

This text of 357 So. 2d 468 (Yankow v. Yankow) 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

Yankow v. Yankow, 357 So. 2d 468, 1978 Fla. App. LEXIS 15378 (Fla. Ct. App. 1978).

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Opinion

PER CURIAM.

The husband appeals from a final judgment of dissolution in which he was ordered to pay the wife $5,000 lump-sum alimony when he receives his inheritance of approximately $45,000 from his late father’s estate. The judgment further provided the [469]*469husband is to pay the wife $50 per week until the estate is settled, at which time he must pay the balance still owing on the lump-sum award. Keeping in mind that the standard to be applied here is the wife’s need and the husband’s ability to pay, we find that the record demonstrates that the trial court did not abuse its discretion in making its award. Therefore we affirm. Sisson v. Sisson, 336 So.2d 1129 (Fla.1976).

We note that the trial court has reserved jurisdiction to review the award after a period of six months from the date of final judgment. Though the record reveals the husband has sufficient income and savings to allow him to make the $50-per-week payments in the near future, this obligation may become burdensome if the estate does not close expeditiously. We are confident that upon proper petition the trial judge will make an adjustment of the requirement for weekly payments if the husband demonstrates an inability to make them.

Affirmed.

BOARDMAN, C. J, and HOBSON and SCHEB, JJ., concur.

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PER CURIAM.

The husband appeals from a final judgment of dissolution in which he was ordered to pay the wife $5,000 lump-sum alimony when he receives his inheritance of approximately $45,000 from his late father’s estate. The judgment further provided the [469]*469husband is to pay the wife $50 per week until the estate is settled, at which time he must pay the balance still owing on the lump-sum award. Keeping in mind that the standard to be applied here is the wife’s need and the husband’s ability to pay, we find that the record demonstrates that the trial court did not abuse its discretion in making its award. Therefore we affirm. Sisson v. Sisson, 336 So.2d 1129 (Fla.1976).

We note that the trial court has reserved jurisdiction to review the award after a period of six months from the date of final judgment. Though the record reveals the husband has sufficient income and savings to allow him to make the $50-per-week payments in the near future, this obligation may become burdensome if the estate does not close expeditiously. We are confident that upon proper petition the trial judge will make an adjustment of the requirement for weekly payments if the husband demonstrates an inability to make them.

Affirmed.

BOARDMAN, C. J, and HOBSON and SCHEB, JJ., concur.

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357 So. 2d 468, 1978 Fla. App. LEXIS 15378, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yankow-v-yankow-fladistctapp-1978.

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