Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Dan D. WHETSTONE, Appellant, v. Cynthia G. WHETSTONE, Appellee.
We affirm an order temporarily staying a final judgment of dissolution. Husband argues that the trial court erred by failing to make the order retroactive to the date of the filing of his motion.
The parties divorced in 1996. The final judgment of dissolution required Husband to pay Wife $500 in alimony and $1,742 in child support each month. At that time, Husband earned approximately $72,000 a year. In January of 1997, Husband's job with the school board was eliminated. He filed a “Motion to Suspend or Reduce Alimony and Child Support,” requesting a temporary change in the support obligation for three months or until he became re-employed.
The trial court was not in a position to rule on the motion until April. In its order, the trial court found that Husband was making diligent efforts to obtain employment and anticipated having a job, with a comparable salary, by July 31st. The court concluded that Husband lacked the present ability to pay and was entitled to temporary relief for three months, including May, June, and July. The court denied Husband's request to make the relief retroactive.
The trial court did not abuse its discretion by not retroactively suspending and reducing support. See Pedraja v. Garcia, 667 So.2d 461, 462 (Fla. 4th DCA 1996) (“It is a very basic appellate truism that temporary relief awards are among the areas where trial judges have the very broadest discretion, which appellate courts are very reluctant to interfere with except under the most compelling of circumstances.”). We also recognize that it is not an abuse of discretion to grant temporary relief based on a temporary change in circumstances. See Pitts v. Pitts, 626 So.2d 278 (Fla. 1st DCA 1993); Manning v. Manning, 600 So.2d 1274 (Fla. 1st DCA 1992); McConnell v. McConnell, 552 So.2d 237 (Fla. 1st DCA 1989); Abdella v. Abdella, 693 So.2d 637 (Fla. 3d DCA 1997); Bain v. Bain, 687 So.2d 79 (Fla. 5th DCA 1997); Bennett v. Department of Rev., 664 So.2d 33 (Fla. 5th DCA 1995). This type of relief differs from a permanent modification, which requires the showing of a permanent change in circumstances. See Pimm v. Pimm, 601 So.2d 534, 536 (Fla.1992).
STONE, Chief Judge.
GROSS, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 97-2136.
Decided: May 27, 1998
Court: District Court of Appeal of Florida,Fourth District.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)