hvb-ga,
Nice to see you again.
This was a tough one, partly because reversals such as you described
are uncommon, and partly because it's just tough to flesh out the
relevant cases.
But I did come up with several hits, listed below, each with a case
citation, a brief excerpt from the case, and the lawyer who handled
the case for the husband.
Be aware that the reasons for the reversals are varied, and have to do
not only with the ex-wife's behavior along the lines you described,
but also with procedural errors by the courts.
This list looks to be what you need, but as always, if there's
anything else I can do for you, just whistle!
pafalafa-ga
====================
Ingram v. Ingram
Case No. 2D99-1420
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT
750 So. 2d 130
...Kirk W. Ingram appeals the final judgment dissolving his marriage
to Debbie Sue Ingram, asserting that the trial court erred by
improperly awarding the former wife rehabilitative alimony. We
conclude that Mr. Ingram's position is meritorious and reverse
COUNSEL: Karol K. Williams
Firm: Karol K. Williams, P.A.
Address: 1304 S. De Soto Avenue
Suite 403
Tampa, FL 33606
Phone: 813.2545810
Fax: 813.2540656
E-Mail: igotappeal@aol.com
Williams v. Williams
CASE NO. 2D99-1759
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT
766 So. 2d 1127
...Dennis Williams, the former husband, appeals from the final
judgment of dissolution of marriage and challenges the temporary award
of the marital residence as rehabilitative alimony, the distribution
of marital debt, and the award of attorney's fees to his former wife,
Diane Christine Williams. We reverse the alimony and equitable
distribution and remand for further proceedings, but we affirm the
award of fees.
COUNSEL: Michael P. McDaniel
Firm: McDaniel & McDaniel, P.A.
PO Box 226
Bartow Florida 338310226
Phone: 863.5330507
Fax: 863.5332397
E-Mail: michael@mcdaniellawfirm.com
Sierra v. Sierra
CASE NO. 3D00-271
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT
776 So. 2d 966
...The former husband David Sierra appeals from a final judgment of
dissolution of marriage which he contends improperly awards
rehabilitative alimony to the former wife and unnecessarily includes a
child abuse reporting requirement. We reverse as to both issues.
Brenda B. Shapiro, LLC
Courthouse Tower
44 West Flagler Street, Suite 2100
Miami, Florida 33130
Telephone: 305-577-3861
Telefax: 305-577-4551
http://bbshapirolaw.com/
Sutton v. Hart
CASE NO. 99-900
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT
746 So. 2d 1175
...The former husband appeals from a final judgment of dissolution and
argues, among other things, that the trial court abused its discretion
when it awarded the former wife rehabilitative alimony without any
evidence to support a justifiable need for the same in this short term
marriage. We agree and reverse
Jose C. Bofill
Bofill & Vilar, P.A.
Address: Suite 800
3191 Coral Way
Miami, FL 33145-3218
Phone: (305) 443-0200
Fax: (305) 443-0900
Bode v. Bode
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT
920 So. 2d 841
...Former husband, Mark Bode, appeals from a Final Judgment of
Dissolution of Marriage. We affirm the award of attorney's fees, but
reverse as to all other issues raised and remand for further
proceedings.
Denise C Desmond PA
9146 Perth Rd
Lake Worth Florida 334676119
Phone: 561.4704886
Fax: 561.8321421
E-Mail: rmw@rmwlaw.com
=============================
I wish there many others I could direct you to, but like I said, there
appear to be only a few such successful cases out there.
All the best,
paf
search strategy -- Searched legal databases for articles and cases
involving reversals of alimony decisions |
Clarification of Answer by
pafalafa-ga
on
01 Oct 2006 16:40 PDT
Sorry...I didn't provide links because I accessed the cases via a
subscription legal database. However, some of the cases are available
on the web, as well:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=fl&vol=2D99-1420&invol=1
Ingram v Ingram
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=fl&vol=2D99-1759&invol=1
Williams v Williams
Sierra v Sierra not available online
Sutton v. Hart no available online.
http://www.4dca.org/Feb2006/02-22-06/4D05-431.op.pdf#search=%22%22Bode%2C%20appeals%20from%20a%20Final%20%22
Bode v Bode
The cases that are not available online can be retrieved through Lexis
or Westlaw if you have access.
After you look over the cases, let me know what else you need, here.
I don't know how familiar you are with court cases, but they tend to
involve dozens of threads at once, are written in very arcane
language, and it's not often clear who did what, or why the court
decided as it did.
I do know that cases can be overturned in matters of fraud (hiding
financial resources from a spouse, for instance) but I did not see any
of these in my searching.
If you think other sorts of cases would be helpful to you, let me
know, and I'll do my best to try and pin them down. From what I saw
earlier, though, most of the cases reversing on alimony were quite old
(the once I gave you are all pretty recent)...the older cases may not
be terribly relevant to a current situation.
paf
|
Request for Answer Clarification by
highvoltageblonde-ga
on
01 Oct 2006 19:03 PDT
BTW, you are correct , the "older cases" probably will not work for
me. However, I've looked at the 3 cases available online and they
don't apply to my case either.
In the event you may have any ideas for searching further, the
specifics of my case are pretty extreme and completely outrageous, and
as follows (in brief):
The "wife" commenced an adulterous affair 6 years before a her
divorce, and PRIOR to the conception of 3 children. In fact, it is
now evident that this woman pressured the husband (who was unaware of
the affair at the time) into having children -- manufacturing them,
basically, (via a surrogate) with the sole intent and purpose of
securing the financial wherewithal to continue her relationship, with
the same man, unencumbered by her husband -- which sadly, she has
succeeded in doing. The court has order this poor guy to pay his
ex"wife" (ready for this?) $17,500 a month in child support and
alimony for 15 years! Talk about an unjust decision! Pretty
disqusting, huh?!
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Clarification of Answer by
pafalafa-ga
on
02 Oct 2006 19:05 PDT
hvb-ga,
I haven't had a great deal of luck tracking down any more particular
cases or lawyers that seem to hit the nail on the head in terms of
your question.
However, there is this bit of Florida Code making it perfectly clear
that the courts can (and reading between the lines...should) take into
account adultery when setting the terms of alimony:
====================
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0061/SEC08.HTM&Title=->2006->Ch0061->Section%2008#0061.08
Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; CUSTODY
61.08 Alimony.--
(1) In a proceeding for dissolution of marriage, the court may grant
alimony to either party, which alimony may be rehabilitative or
permanent in nature. In any award of alimony, the court may order
periodic payments or payments in lump sum or both. The court may
consider the adultery of either spouse and the circumstances thereof
in determining the amount of alimony, if any, to be awarded. In all
dissolution actions, the court shall include findings of fact relative
to the factors enumerated in subsection (2) supporting an award or
denial of 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 nonmarital 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.
(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.
====================
If this matter was not brought before the courts in the initial
divorce case, it certainly seems that there would be an option to ask
the court to re-visit the settlement amounts. Any competent divorce
lawyer in Florida -- including those I listed earlier -- should be
able to give some good advice as to the options and likely outcomes at
this point.
Best of luck to you and the fellow involved.
pafalafa-ga
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