Florida District Courts of Appeal, 1995

Schekter v. Schekter

Schekter v. Schekter
Florida District Courts of Appeal · Decided August 23, 1995 · Dell, Shahood, Warner
658 So. 2d 1245; 1995 Fla. App. LEXIS 8872; 1995 WL 497287 (Southern Reporter, Second Series)

Schekter v. Schekter

Opinion of the Court

PER CURIAM.

We affirm the award to appellee of temporary support and temporary attorney’s fees and costs. However, the amount of temporary support exceeds appellee’s request by $200 per month. Therefore, we reverse the amount awarded and instruct the trial court on remand to reduce the amount of the temporary support award to $3000 per month.

AFFIRMED IN PART; REVERSED IN PART and REMANDED.

DELL and SHAHOOD, JJ., concur. WARNER, J., concurs specially with opinion.

Concurring Opinion

WARNER, Judge,

concurring specially.

The trial court awarded the wife $3,200 per month in temporary alimony even though the court found that the husband’s net monthly income was only $3,600. I concur in the result only because there was evidence of jointly held accounts in the amount of $75,000 from which the husband could draw either the temporary alimony or his own living expenses while the dissolution proceeds. Otherwise, in my mind the alimony award clearly would be excessive and require the husband to invade his capital assets when the wife is not required to invade her own assets to help provide for her support.

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