GOMAA ELSAID, APPELLANT,
v.
KAREN ELSAID, APPELLEE

Fla. 2d DCA | 2013-08-23
No. 2D13-92
Sleet, J., Wallace, J., Morris, J.
120 So. 3d 210 Florida District Court of Appeal, Second District (2013)

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Synopsis

The appellate court affirmed a trial court's award of temporary alimony and increased child support, but remanded to correct scrivener's errors in the arrears calculation date.


Holding

A trial court's order awarding temporary alimony of $2,500 monthly, increasing temporary child support to $800.64 monthly, and imposing sanctions for noncompliance is affirmed, subject to correction of clerical errors in the arrears calculation.


Headnotes

[1] A trial court should schedule a final hearing on support matters to prevent potential inequities from prolonged temporary awards.

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Facts & Procedural History

The Husband appealed a nonfinal order granting temporary alimony to the Wife and increasing temporary child support, along with sanctions for willful …

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Opinion of the Court
SLEET, Judge.

SLEET, Judge.

Gomaa Elsaid (the Husband) appeals a nonfinal order of the trial court granting temporary alimony to Karen Elsaid (the Wife) in the amount of $2500 a month, increasing temporary child support from $392.48 to $800.64 a month, and imposing sanctions for willful noncompliance with the trial court’s previous child support order. The Husband raises six issues on appeal. We affirm the order in its entirety but remand to the trial court for correction of scrivener’s errors in paragraphs 17 and 18, which provide the incorrect date for calculating the Husband’s temporary alimony and child support arrears. It is apparent from the record that the Husband owes arrears through November 2012, not November 2011.

We write further to encourage the trial court to schedule a final hearing on this matter to finally resolve these issues between the parties and prevent any potential inequities. Cf. George v. George, 32 So.3d 651, 652 (Fla. 2d DCA 2010) (encouraging the “trial court to take all reasonable steps to bring th[e] case to a final hearing because, if [the] temporary [support] award proves to have been unnecessary or too high, the trial court will have limited options to make an equitable adjustment in the final order”).

Affirmed in part, reversed in part, and remanded with directions.

WALLACE and MORRIS, JJ., Concur.


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