Calhoun v. Calhoun

1 Citing case

  1. Breitenbach v. Breitenbach

    838 So. 2d 1266 (Fla. Dist. Ct. App. 2003)   Cited 6 times
    Holding that although trial judges have broad discretion in setting temporary alimony awards, any such award must be supported by competent, substantial evidence that demonstrates the need for support and the paying spouse's ability to pay

    Because the record does not support the trial court's findings as to the Wife's need for alimony and the Husband's ability to pay, we reverse. Temporary awards of support and alimony are discretionary. Calhoun v. Calhoun, 627 So.2d 611 (Fla. 2d DCA 1993). Nevertheless, such awards must be supported by evidence which demonstrates the need for support and the paying spouse's ability to pay. Fields v. Fields, 533 So.2d 922 (Fla. 2d DCA 1988); Novak v. Novak, 196 So.2d 499 (Fla. 3d DCA 1967).The Wife, age fifty-three at the time of the temporary hearing, produced evidence to establish that she is medically disabled and unable to work.