2D06-5824 / Storey v. Storey

State: Florida

Court: Florida Southern District Court

Docket No: 2D06-5824

Case Date: 03/26/2008

Plaintiff: 2D06-5824 / Storey

Defendant: Storey

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT KEVIN P. STOREY, ) ) Appellant, ) ) v. ) ) DIANA W. STOREY, ) ) Appellee. ) ___________________________________ ) Opinion filed March 26, 2008. Appeal from the Circuit Court for Hillsborough County; Charles E. Bergmann, Judge. Virginia R. Vetter, Tampa, for Appellant. Mark A. Neumaier, Tampa, for Appellee.

Case No. 2D06-5824

LaROSE, Judge.

Kevin P. Storey (the Husband) appeals the amended final judgment of dissolution of his marriage to Diana W. Storey (the Wife). The trial court erroneously included the children's expenses in determining the Wife's need for alimony. Consequently, we reverse.

The trial court awarded the Wife $2000 per month in alimony and $187 per month in child support. The Wife's financial affidavit, on which the trial court based its award, includes monthly children's expenses of $1370; the Husband's financial affidavit reflects only $459. By considering these expenses in calculating the alimony, the trial court double counted child support. To avoid this result, the alimony award must be recalculated. See Levine v. Levine, 964 So. 2d 741, 742 (Fla. 4th DCA 2007). We reverse and remand with directions that the trial court determine alimony without including the children's expenses. Child support must then be recalculated in light of the amended alimony amount. See

Download 2D06-5824.pdf