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Hazen v. Hazen

District Court of Appeal of Florida, Second District
Oct 18, 1985
476 So. 2d 798 (Fla. Dist. Ct. App. 1985)

Opinion

No. 85-797.

October 18, 1985.

Appeal from the Circuit Court for Polk County; Jesse C. Barber, Acting Circuit Judge.

Ernest M. Jones, Jr., Lakeland, for appellant.

C. Ray McDaniel, Bartow, for appellee.


This is an appeal from a judgment of dissolution which involved neither alimony nor equitable distribution. In view of the husband's net worth ($118,000) and his anticipated annual income ($14,000-$15,000) as compared to the wife's net worth (negative balance) and her anticipated annual income ($12,000), we hold that the court abused its discretion in awarding the wife child support of only $40 per week. See Kozelski v. Kozelski, 448 So.2d 1228 (Fla. 2d DCA 1984); Johnson v. Johnson, 367 So.2d 695 (Fla. 2d DCA 1979). We direct that the court reconsider this figure and order child support in an amount not less than $65 per week. Since the wife had no money for attorney's fees, we also direct that the court order the husband to pay her attorney a reasonable fee. See Peters v. Peters, 366 So.2d 512 (Fla. 2d DCA 1979). We affirm the judgment in all other respects.

GRIMES, A.C.J., and SCHEB and CAMPBELL, JJ., concur.


Summaries of

Hazen v. Hazen

District Court of Appeal of Florida, Second District
Oct 18, 1985
476 So. 2d 798 (Fla. Dist. Ct. App. 1985)
Case details for

Hazen v. Hazen

Case Details

Full title:MARLENE HAZEN, APPELLANT, v. DONALD BURTON HAZEN, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Oct 18, 1985

Citations

476 So. 2d 798 (Fla. Dist. Ct. App. 1985)