In re the Marriage of Roake
In re the Marriage of Roake
Opinion of the Court
Appellant/wife, Marion Elizabeth Roake, appeals a final judgment of dissolution of marriage challenging both the trial court’s order that the wife bear responsibility for payment of the first and second mortgages on the marital home and the sufficiency of the trial court’s award of child support. We affirm in part, reverse, and remand for further proceedings.
The record indicates that the parties to this appeal were married in 1973 and purchased a marital home in Niceville, Florida in 1975. Wife filed a petition for dissolution of marriage on January 27, 1987. In April of 1987, the trial court entered a temporary order directing the husband to pay: (1) $650 per month as temporary support for the wife and the parties’ two minor children; (2) both the first mortgage ($372.64 per month) and the second mortgage ($160.13 per month) on the marital home; and (3) “all of the marital debts and obligations incurred during the marriage, regardless of whose names were stated on said debts and obligations and to keep said debts and obligations current until further order of this court.” At the time the temporary order was entered, the first mortgage on the marital home had a balance of $32,000, and the second mortgage had a
In October of 1987 (prior to the final hearing), the parties agreed to refinance the second mortgage on the marital home in order to consolidate their other outstanding debts. As a result, the montly payments on the second mortgage increased from $160.13 to $481, and the outstanding balance on the second mortgage increased to $23,200. The husband continued to make both monthly mortgage payments, as ordered by the court.
In February of 1988, the trial court entered a final order of dissolution, giving the wife principal custody of the two minor children. The husband was ordered to pay $710 per month in child support, rehabilitative alimony in the amount of $290 per month for 36 months, $1,000 in lump sum alimony, and the wife’s attorney’s fees. The wife was awarded the exclusive use, possession, title, and ownership of the marital home, and was ordered to take responsibility for both the first and second mortgages.
We reverse that portion of the final judgment holding wife responsible for payment of both mortgages, finding it to constitute an abuse of the trial court’s discretion under Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980). According to the statement of evidence,
. The February 2, 1988 final hearing was not recorded, but a stipulated Statement of Evidence was placed in the record on appeal.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.