In so doing the trial justice clearly abused his discretion. Santacroce v. Santacroce, 347 So.2d 815 (Fla. App. 1977); Costello v. LeNoir, 462 Pa. 36, 337 A.2d 866 (1975); Cole v. Cole, 259 Iowa 58, 143 N.W.2d 350 (1966); see DiNofrio v. DiNofrio, 85 R.I. 21, 125 A.2d 194 (1956); cf. Spaziano v. Spaziano, 94 R.I. 258, 179 A.2d 849 (1962). Instead, we think that an order of $38 would strike the proper balance between the respective interests in this case, and we direct that the order of the court below be reduced accordingly.
The husband's minimal rent and utilities expense is $808.00. By adjusting the figures in the parties' financial affidavits to reflect the court's order, the wife's net monthly deficit is $60.00, while the husband's net monthly deficit is $1,118.00. In Santacroce v. Santacroce, 347 So.2d 815 (Fla. 2d DCA 1977), we held excessive an award of alimony and child support which exceeded sixty-five per cent of the husband's available income. Here, the trial court's award exceeds seventy-five per cent of the husband's disposable income and could potentially far exceed that percentage in the event of significant home maintenance expenses or higher medical expenses for their child.
Although the court in Cook was not unsympathetic to the wife's position, the "evidence simply reveals that the husband's present employment and lack of resources do not permit this court to affirm the amounts of child support and alimony contained in the trial court's order." The Cook court remanded for further proceedings citing Santacroce v. Santacroce, 347 So.2d 815 (Fla. 2d DCA 1977) and Blum v. Blum, 382 So.2d 52 (Fla. 3d DCA 1980). With regard to the unstated cost of the child's health insurance, the court in Oh v. Oh, 570 So.2d 1030 (Fla. 5th DCA 1990), reversed the section of the final judgment requiring the husband to pay the wife's medical bills not covered by insurance, noting that such a requirement must specify a total financial exposure "in order to limit the liability of the paying spouse in relation to his or her ability to provide this item of support."
Although we are not unsympathetic to Mrs. Cook's condition, the evidence simply reveals that Mr. Cook's present employment and lack of resources do not permit this court to affirm the amounts of child support and alimony contained in the trial court's order. Accordingly, we find that the trial court abused its discretion as to the support and alimony obligations it imposed upon Mr. Cook. See Santacroce v. Santacroce, 347 So.2d 815 (Fla. 2d DCA 1977); see also Blum v. Blum, 382 So.2d 52 (Fla. 3d DCA 1980) (court found a clear abuse of discretion when husband left with $50 per week after support obligations were paid). Reversed and remanded for further proceedings consistent with this opinion.
This court has disapproved the placing of financial requirements on a former husband which leave him with less than enough to live on. There are factors in the case before us, however, which convince us that the alimony award in this instance should be affirmed. Nicholson v. Nicholson, 372 So.2d 178 (Fla.2d DCA 1979); DeHart v. DeHart, 360 So.2d 1285 (Fla.2d DCA 1978); Santacroce v. Santacroce, 347 So.2d 815 (Fla.2d DCA 1977). The marriage of the parties, which lasted some thirty years, was dissolved in 1972.
The financial obligation of approximately $240 per week imposed upon the husband by the court is 86% of his income as shown on his financial statement and about 96% of his present income, which he testified had decreased since the filing of his financial statement due to increased withholding taxes. He is left with $10.50 per week to live on. The alimony award is clearly excessive and constitutes an abuse of discretion. DeHart v. DeHart, 360 So.2d 1285 (Fla. 2d DCA 1978); Santacroce v. Santacroce, 347 So.2d 815 (Fla. 2d DCA 1977); Nevins v. Nevins, 305 So.2d 63 (Fla. 3d DCA 1975), cert. denied, 327 So.2d 33 (Fla. 1976). The parties have accumulated no marital assets other than the home awarded to the wife, which is worth at least $60,000 and has two outstanding mortgages in the amount of $8,500.