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Yankow v. Yankow

District Court of Appeal of Florida, Second District
Apr 14, 1978
357 So. 2d 468 (Fla. Dist. Ct. App. 1978)

Opinion

No. 77-1489.

April 14, 1978.

Appeal from the Circuit Court, Pinellas County, Charles M. Phillips, J.

John W. Campbell, of Macfarlane, Ferguson, Allison Kelly, Tampa, for appellant.

F. Wallace Pope, Jr., of Johnson, Blakely, Pope Bokor, Clearwater, for appellee.


The husband appeals from a final judgment of dissolution in which he was ordered to pay the wife $5,000 lump-sum alimony when he receives his inheritance of approximately $45,000 from his late father's estate. The judgment further provided the husband is to pay the wife $50 per week until the estate is settled, at which time he must pay the balance still owing on the lump-sum award. Keeping in mind that the standard to be applied here is the wife's need and the husband's ability to pay, we find that the record demonstrates that the trial court did not abuse its discretion in making its award. Therefore we affirm. Sisson v. Sisson, 336 So.2d 1129 (Fla. 1976).

We note that the trial court has reserved jurisdiction to review the award after a period of six months from the date of final judgment. Though the record reveals the husband has sufficient income and savings to allow him to make the $50-per-week payments in the near future, this obligation may become burdensome if the estate does not close expeditiously. We are confident that upon proper petition the trial judge will make an adjustment of the requirement for weekly payments if the husband demonstrates an inability to make them.

Affirmed.

BOARDMAN, C.J., and HOBSON and SCHEB, JJ., concur.


Summaries of

Yankow v. Yankow

District Court of Appeal of Florida, Second District
Apr 14, 1978
357 So. 2d 468 (Fla. Dist. Ct. App. 1978)
Case details for

Yankow v. Yankow

Case Details

Full title:RUSSELL LAWRENCE YANKOW, APPELLANT, v. HELEN ELIZABETH YANKOW, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Apr 14, 1978

Citations

357 So. 2d 468 (Fla. Dist. Ct. App. 1978)

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