Temporary Alimony

236 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Elizabeth v. Duss
  92 Fla. 1081· Fla.· 1926-12-14 ·cited 101×
  The Florida Supreme Court affirmed a trial court's dismissal of a divorce case and vacation of temporary alimony orders after the husband fell into arrears in payment. The court held that temporary alimony orders are interlocutory and subject to judicial discretion, and that dism
• Floyd v. Addie Hunton Floyd
  91 Fla. 910· Fla.· 1926-05-13 ·cited 94×
  In this 1926 Florida divorce case, the court addressed whether temporary alimony should be awarded to a wife who abandoned her marital home without satisfactory explanation and maintained a separate income through employment. The court held that while temporary alimony requires b
• Burkhart v. Cir. Court of the Eleventh Jud. Cir. of Fla.
  146 Fla. 457· Fla.· 1941-03-11 ·cited 80×
  William S. Burkhart petitioned for a writ of prohibition to prevent the Circuit Court from enforcing alimony and attorney's fee orders against his property in Florida based on constructive service, arguing the court lacked jurisdiction over his person. The Florida Supreme Court h
• Miller v. Schou
  616 So. 2d 436· Fla.· 1993-04-08 ·cited 77×
  The Florida Supreme Court held that a substantial increase in a paying parent's income alone constitutes sufficient grounds for modifying child support upward, and that trial courts have discretion to require financial disclosure even when the paying parent stipulates ability to
• Dwyn Daniels Robbie v. Robbie
  591 So. 2d 1006· Fla. 4th DCA· 1991-12-18 ·cited 74×
  In this dissolution of marriage case, the Florida Fourth District Court of Appeal reversed a trial court's award of temporary alimony and interim attorney's fees as an abuse of discretion, finding the amounts inadequate given the substantial disparity in the parties' financial re
• Cobb v. Cobb
  82 Fla. 287· Fla.· 1921-10-19 ·cited 74×
  James D. Cobb appealed a trial court decree awarding his wife Irma L. Cobb temporary alimony and suit money without divorce. The Florida Supreme Court affirmed, holding that a wife may obtain temporary alimony when the marital living arrangement is precarious to her health and pe
• Claughton v. Claughton
  393 So. 2d 1061· Fla.· 1980-10-23 ·cited 73×
  The Florida Supreme Court addressed whether a trial court can award alimony to a wife after remarriage when jurisdiction over alimony and property issues was reserved in a dissolution judgment. The Court held that while remarriage bars support-based alimony, a trial court may awa
• Welsh v. Welsh
  160 Fla. 380· Fla.· 1948-04-13 ·cited 59×
  In this 1948 Florida divorce case, the Supreme Court reversed a trial court's decree that awarded the wife a substantial portion of the husband's property and a lump sum settlement based on a theory that she had a special equity in his property due to her labor in his drug store
• Pedraja v. Garcia
  667 So. 2d 461· Fla. 4th DCA· 1996-01-31 ·cited 56×
  In a dissolution of a short six-month marriage, the appellate court affirmed an award of temporary attorney's fees and suit money but reversed and remanded the temporary alimony award because it exceeded the amount the wife actually requested and substantially exceeded her docume
• Phifer v. Vannie L. Phifer
  124 Fla. 223· Fla.· 1936-05-02 ·cited 56×
  The appellate court considered a wife's request for temporary support and attorney fees pending her appeal of a divorce denial. The court denied the motion to quash the appeal but affirmed the lower court's decision, finding the evidence supported the chancellor's findings.
• Bredin v. Bredin
  89 So. 2d 353· Fla.· 1956-07-13 ·cited 52×
  Lewis Bredin appealed a separate maintenance decree awarding his wife $200,000 in lump-sum alimony. The Florida Supreme Court reversed, holding that Florida law does not authorize lump-sum alimony awards in separate maintenance proceedings unconnected with divorce; such awards mu
• Burns v. Burns
  153 Fla. 73· Fla.· 1943-05-21 ·cited 52×
  In this matrimonial dispute, the Florida Supreme Court affirmed a divorce decree for the husband based on the wife's alleged extreme cruelty. The court upheld the chancellor's reliance on competent evidence and addressed the proper role of special masters in reporting witness cre
• Provus v. Provus
  44 So.2d 656· Fla.· 1950-02-21 ·cited 51×
  The Florida Supreme Court reviewed an appeal concerning the reasonableness of temporary alimony and attorney fees awarded in a divorce case. The court affirmed the attorney fee award but reversed the Special Master's fee, remanding for further proceedings.
• Diem v. Diem
  136 Fla. 824· Fla.· 1939-03-24 ·cited 44×
  This case concerns a dispute over the substitution of attorneys in an ongoing divorce appeal. The court addresses the procedural requirements for changing legal representation, particularly when attorney's fees are involved and have been determined by a lower court's final decree
• Wolfson v. Wolfson
  455 So. 2d 577· Fla. 4th DCA· 1984-08-29 ·cited 42×
  The court held that personal jurisdiction was properly obtained by service on the husband while physically present in Florida, and that the trial court did not abuse its discretion in awarding temporary alimony and child support.
• Hancock v. Maude Lane Hancock
  128 Fla. 684· Fla.· 1937-06-28 ·cited 41×
  This Florida Supreme Court case addresses whether a trial court properly proceeded with an equity suit after more than three years of inaction and whether the defendant's failure to reply to the bill was properly waived. The Court held that the cause had abated for want of prosec
• Preston v. Preston
  116 Fla. 246· Fla.· 1933-12-19 ·cited 38×
  Charles Raymond Preston appealed an interlocutory order granting his wife temporary alimony, suit money, and counsel's fees in a suit for alimony under Florida statute. The Florida Supreme Court initially affirmed but upon rehearing reversed, finding that the wife failed to estab
• Mooty v. Mooty
  131 Fla. 151· Fla.· 1938-02-15 ·cited 37×
  William P. Mooty appeals a 1937 decree modifying the original 1926 divorce decree, seeking reversal of orders requiring payment of arrears for child support, a mortgage payoff, and denying custody modification. The Florida Supreme Court partially reverses, allowing credit for col
• Sunil Ghay v. Poonam Ghay
  954 So. 2d 1186· Fla. 2d DCA· 2007-04-13 ·cited 36×
  In this dissolution of marriage case, the husband appeals a temporary support order requiring $10,000 monthly alimony, $2,959 child support, and $15,000 attorneys' fees. The appellate court reversed and remanded because the magistrate's calculations were not supported by the evid
• Claughton v. Claughton
  347 So. 2d 437· Fla. 3d DCA· 1977-05-24 ·cited 34×
  The appellate court reversed a trial court's order that sustained a husband's exceptions to a special master's recommendations regarding alimony and child support. The court found that without a record of the proceedings, the trial court could not determine the master's findings
• Miller v. Miller
  33 Fla. 453· Fla.· 1894-01-01 ·cited 34×
  A Florida wife sought alimony and custody of her child from her husband who had deserted her, claiming a right to alimony even without pursuing divorce. The Florida Supreme Court affirmed the trial court's award of temporary alimony, holding that courts have jurisdiction to award
• Lane Mitzenmacher v. Mitzenmacher
  656 So. 2d 178· Fla. 3d DCA· 1995-04-12 ·cited 32×
  A former husband appeals from an award of permanent periodic alimony and a requirement to maintain life insurance securing that alimony. The court reverses the alimony award and life insurance requirement based on the doctrine of law of the case, finding the husband's demonstrate
• Smith v. Smith
  90 Fla. 824· Fla.· 1925-12-16 ·cited 31×
  In this divorce case, the Florida Supreme Court reversed a trial court's award of an additional $750 solicitor's fee to the defendant wife's attorney, holding that such fees awarded in a final decree must be paid to the wife or court clerk, not directly to the attorney, and that
• Sanchez v. Sanchez
  21 Fla. 346· Fla.· 1885-01-01 ·cited 31×
  A. B. Sanchez appeals an alimony order and subsequent attachment for contempt in a divorce proceeding. The Florida Supreme Court reversed, holding that the alimony decree was invalid because it was granted without proper notice to the husband and without affording him an opportun
• Tenny v. Tenny
  147 Fla. 672· Fla.· 1941-07-01 ·cited 30×
  The Florida Supreme Court addresses whether a divorce court may retain jurisdiction after entry of a final divorce decree to award future attorney's fees to the ex-wife. The court holds that while courts may retain jurisdiction over child welfare matters, they lack authority to r
• Gordon v. Gordon
  192 So. 2d 514· Fla. 1st DCA· 1966-12-06 ·cited 28×
  In this divorce case, the Florida District Court of Appeal reversed the trial court's award of permanent alimony to the wife, finding that the chancellor abused his discretion in awarding unlimited alimony for a marriage lasting only three months. The court emphasized that perman
• Fredericka Phillips Chaachou v. Khudourie Chaachou
  135 So. 2d 206· Fla.· 1961-11-29 ·cited 28×
  The court clarified the rule regarding the necessity of paying attorney fees as a condition precedent to substitution of counsel, distinguishing when a fee is fixed by contract versus when it is for reasonable compensation.
• Holly v. Holly
  81 Fla. 881· Fla.· 1921-06-10 ·cited 27×
  In this 1921 case, the Florida Supreme Court affirmed an order granting temporary alimony and counsel fees to a wife in an alimony suit without divorce. The court held that a Circuit Judge has discretion to award temporary alimony and counsel fees during the pendency of an appeal
• Driscoll v. Celeste Driscoll
  915 So. 2d 771· Fla. 2d DCA· 2005-12-09 ·cited 26×
  The appellate court reversed the trial court's award of temporary alimony because the wife's need for support was not supported by competent, substantial evidence.
• Vickers v. Vickers
  413 So. 2d 788· Fla. 3d DCA· 1982-04-06 ·cited 26×
  This case addresses the proper standard for awarding temporary alimony and child support pendente lite in a dissolution of marriage. The trial court awarded only $215 biweekly plus half mortgage payments based on a minimal subsistence approach, but the appellate court held that t
• Courtney v. Courtney
  108 Fla. 276· Fla.· 1933-02-14 ·cited 25×
  The court addressed a motion for suit money and counsel fees filed by the appellant (wife) in an appeal of a marriage annulment case. The court held that the husband must pay for the costs of preparing the appeal transcript, even though the lower court ruled against the wife on t
• Safford v. Safford
  656 So. 2d 485· Fla. 2d DCA· 1994-12-14 ·cited 24×
  In a dissolution of marriage case, the Florida appellate court affirmed the trial court's award of temporary alimony to the wife but reversed the award of temporary attorney's fees and costs, holding that the trial court failed to make a reasonableness determination despite statu
• Matthies v. R.R. Ret. Bd.
  341 F.2d 243· 8th Cir.· 1965-01-28 ·cited 24×
  The court held that a nunc pro tunc order cannot revive a previously dismissed court order for support that had expired or been vacated, and therefore the petitioner was not 'living with' the employee at the time of his death as required by the Railroad Retirement Act.
• Williamson v. Williamson
  153 Fla. 357· Fla.· 1943-08-03 ·cited 24×
  The appellate court reviewed a divorce decree, focusing on the alimony provisions awarded to the wife, and considered whether the chancellor's decree was supported by the evidence and the proper basis for the alimony awarded.
• August Urbanek v. Urbanek
  484 So. 2d 595· Fla. 4th DCA· 1986-01-22 ·cited 23×
  In this family law appeal, the Fourth District Court of Appeal addresses the enforceability and modifiability of an antenuptial agreement entered into by a 59-year-old real estate developer and a 25-year-old woman. The court holds that lump sum payments under an antenuptial agree
• Todd v. Todd
  151 Fla. 134· Fla.· 1942-07-14 ·cited 23×
  The Florida Supreme Court reviewed an order denying temporary alimony and counsel fees in a marriage annulment case. The court held that a husband who entered into a marriage while already married could be required to pay temporary alimony, suit money, and child support, even tho
• Barclay v. Barclay
  554 So. 2d 1191· Fla. 2d DCA· 1989-12-08 ·cited 22×
  The court held that the trial court abused its discretion in awarding temporary alimony and child support given the husband's demonstrated inability to meet the obligation.
• McWHORTER v. Grady McWHORTER
  122 So. 2d 504· Fla. 2d DCA· 1960-08-17 ·cited 22×
  The court held that the chancellor did not abuse discretion in denying a further stay of proceedings and that the order directing the plaintiff's attorney to answer the counterclaim was discretionary. The court also found no necessity to rule on the third point raised.
• Kraus v. Kraus
  749 So. 2d 513· Fla. 2d DCA· 1999-07-16 ·cited 21×
  In this interlocutory appeal from a temporary alimony increase order, the Florida appellate court affirmed the trial court's determination that the wife demonstrated increased need for additional alimony, but reversed and remanded regarding the retroactive application date, holdi
• Novack v. Novack
  196 So. 2d 499· Fla. 3d DCA· 1967-03-14 ·cited 21×
  A chancellor abuses discretion by taking judicial notice of records from a separate prior case to determine temporary allowances; such awards must be based on testimony and evidence placed in the record of the current cause to preserve appellate review.
• Blum v. Blum
  769 So. 2d 1142· Fla. 4th DCA· 2000-10-25 ·cited 20×
  The court held that the trial court abused its discretion in awarding temporary support and erred in denying the wife's motion to compel the return of her financial papers from an accountant.
• Robbie v. Dwyn Daniels Robbie
  726 So. 2d 817· Fla. 4th DCA· 1999-02-03 ·cited 20×
  A party must obey court orders, even if erroneous, so long as the court has subject matter jurisdiction; the trial court had jurisdiction over remand proceedings and the husband was required to obey the discovery and temporary alimony orders despite their arguable legal error.
• Young v. Young
  322 So. 2d 594· Fla. 4th DCA· 1975-11-21 ·cited 20×
  The Fourth District Court of Appeal affirmed an award of $12,000 in attorney's fees to a wife in a dissolution proceeding, despite a separation agreement limiting the husband's obligation to $500. The court held that provisions for temporary attorney's fees in separation agreemen
• Cantor v. Cantor
  306 So. 2d 596· Fla. 2d DCA· 1975-01-24 ·cited 20×
  A wife appealed the denial of her petition to modify a final judgment in a dissolution of marriage case. The trial court had denied the modification petition, claiming it lacked jurisdiction because the alimony was labeled "temporary rehabilitative alimony." The appellate court r
• Peacock v. Peacock
  160 Fla. 630· Fla.· 1948-06-25 ·cited 20×
  The Florida Supreme Court granted certiorari to review an interlocutory order in equity regarding an alimony enforcement action. W.C. Peacock challenged a judgment for $18,800 in back alimony entered against him, arguing that the notice and proceedings violated due process requir
• Matos v. Otsenre E. Matos
  421 So. 2d 180· Fla. 2d DCA· 1982-10-01 ·cited 19×
  In this divorce case, the trial judge substituted his own factual findings for those of an appointed master regarding property division and support awards, finding the wife received $58,000 in lump sum alimony through assets she removed. The appellate court reversed, holding that
• Garfield v. Garfield
  58 So.2d 166· Fla.· 1952-04-04 ·cited 19×
  The Florida Supreme Court affirmed an order granting temporary alimony and attorney's fees in a divorce case. The court held that the lower court had jurisdiction and that the evidence presented by the wife was sufficient to support the award, despite the husband's failure to pre
• Dent v. Dent
  851 So. 2d 819· Fla. 2d DCA· 2003-07-30 ·cited 18×
  Temporary support orders are interlocutory in nature and may be revisited and modified at final hearing if the trial court specifies in the order that its provisions are without prejudice to the parties' claims. A trial court lacks authority to make partial distributions of marit
• Brown v. Brown
  338 So. 2d 916· Fla. 2d DCA· 1976-11-03 ·cited 18×
  Virginia Brown appealed from an order dismissing her petition for modification of a divorce judgment seeking additional alimony. The appellate court reversed, holding that the trial court retained jurisdiction to consider modification of alimony as long as the husband remained in
• Hahn v. Hahn
  465 So. 2d 1352· Fla. 5th DCA· 1985-03-21 ·cited 16×
  A spouse may waive the right to alimony through a property settlement agreement, and such a waiver is binding and enforceable when executed by competent adults without fraud, duress, deceit, coercion, or overreaching, even if the terms appear unfair to the trial judge. A trial co