Opinion
No. 99-197.
Opinion filed November 22, 1999.
An appeal from the Circuit Court for Wakulla County, Charles D. McClure, Judge.
James C. Banks, Tallahassee, for Appellant/Cross-Appellee.
William H. Webster, Crawfordville, for Appellee/Cross-Appellant.
Appellant/cross-appellee, William Mock, and appellee/cross-appellant, Peggy Mock, appeal an order modifying the parties' final judgment of dissolution, in which the trial court reduced the former husband's permanent periodic alimony obligation from $1,000 to $900 per month, and ordered him to pay his former wife $300 in attorney's fees. Mr. Mock contends that the alimony award should have been reduced far more, and that he should not be required to pay attorney's fees. Ms. Mock contends that the court should not have modified the award, and that the attorney's fee award should have been greater. We affirm the appeal and reverse the cross-appeal in part, concluding that the trial court erred in reducing the alimony obligation when the former husband had failed to provide the court with complete financial information.
After a 38-year marriage, the parties executed a partial settlement agreement. The trial court incorporated the agreement into a final judgment of dissolution and equally divided the parties' remaining assets. The court ordered Mr. Mock to pay Ms. Mock $1,000 per month permanent, periodic alimony, plus $150 per month toward her health insurance premium. Soon after, Mr. Mock filed a petition to modify the final judgment based upon his retirement at age 62.
The court had declined to take Mr. Mock's impending retirement into account in its final judgment, preferring to wait until Mr. Mock actually retired and could provide the court with actual numbers.
The parties each earn very little money per month, and it appears that each of their expenses exceeds their incomes. Because Mr. Mock's income is significantly greater than his former wife's, he fails to show that the trial court abused its discretion by determining that it is possible for him to pay $1,050 per month, in addition to $300 in attorney's fees, and that such amount is necessary for Ms. Mock.
The court did err, however, in reducing the original alimony award from $1,000 to $900 per month. Mr. Mock reported that he was receiving $1,513 in retirement benefits, but he failed to report any interest and dividends he obtains from savings accounts and stocks worth $63,000, although he acknowledged at the hearing that such funds are available to him. Because this case involves such small amounts of income, where every incremental increase is significant, it behooved Mr. Mock to disclose his complete financial position to the trial court. We therefore reverse the modification order and direct the court to reinstate the $1,000 monthly award, plus $150 for health insurance.
Ms. Mock fails to show, however, that the trial court erred in awarding her only $300 for attorney's fees. Ms. Mock contends that her attorney had spent six hours on the case, hence the award of $300 in attorney's fees works out to an hourly rate of $50, and such a small rate is an abuse of discretion. On the contrary, in the modification order, the court directed Mr. Mock to pay "$300.00 towards the Former Wife's attorney's fees"; therefore, the court was simply directing Mr. Mock to pay a portion of Ms. Mock's fees, not that $300 represented the entire amount of the fee.
AFFIRMED IN PART, REVERSED IN PART, and REMANDED.
LAWRENCE and PADOVANO, JJ., CONCUR.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.