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Nichols v. Nichols

District Court of Appeal of Florida, Fourth District
Mar 29, 1995
651 So. 2d 1316 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-0353.

March 29, 1995.

Appeal from the Circuit Court for Palm Beach County; John D. Wessel, Judge.

Joel M. Weissman and Denise Apter of Weissman Manoff, P.A., West Palm Beach, for appellant.

Joseph R. Boyd and William H. Branch of Boyd Branch, Tallahassee, and Chriss Walker of Dept. of Revenue, Tallahassee, for appellee.


Appellant, Jeffrey Nichols, former husband below, appeals a trial court order which established and domesticated a New York foreign support order, denied his petition for modification and ordered Appellant to pay arrearage for alimony and child support. We affirm in all respects except one. As conceded by the former wife at oral argument, the payment of periodic, permanent alimony should have terminated upon her remarriage. See Keister v. Keister, 458 So.2d 32 (Fla. 4th DCA 1984), rev. denied, 466 So.2d 217 (Fla. 1985); Friedman v. Schneider, 52 So.2d 420 (Fla. 1951). Accordingly, this case is reversed and remanded with directions to the trial court to reduce the arrearage awarded by the amount of alimony which accrued after the former wife remarried.

AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

POLEN and FARMER, JJ., concur.


Summaries of

Nichols v. Nichols

District Court of Appeal of Florida, Fourth District
Mar 29, 1995
651 So. 2d 1316 (Fla. Dist. Ct. App. 1995)
Case details for

Nichols v. Nichols

Case Details

Full title:JEFFREY NICHOLS, APPELLANT, v. MARILYN NICHOLS, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 29, 1995

Citations

651 So. 2d 1316 (Fla. Dist. Ct. App. 1995)