Athey v. Athey
Athey v. Athey
Opinion of the Court
William G. Athey and Jeanne Athey both appeal the final judgment of dissolution of marriage in this case. We affirm that final judgment in all respects except for two minor issues.
First, for approximately seven months prior to the entry of the final judgment, the husband was the primary residential parent of the couple’s two children. For this period, June 10, 2000, to January 23, 2001, the husband requested an award of child support. It appears that the trial court reserved ruling on this request in a pretrial order entered on September 5, 2000. The issue simply was not addressed in the final judgment. The husband filed a timely motion for rehearing that raised numerous issues. He renewed his request for a decision as to this award of child support. The trial court denied the motion for rehearing without any explanation. On remand, the trial court shall determine whether the husband is entitled to an award of child support from the wife for this period and, if so, the amount of that award.
Second, the final judgment awarded the wife bridge-the-gap alimony. See Borchard v. Borchard, 730 So.2d 748 (Fla. 2d DCA 1999). The judgment requires the husband to make thirty-six
Affirmed in part, reversed in part, and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.