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Perlman v. Perlman
Citations: 450 So. 2d 916; 1984 Fla. App. LEXIS 13506Docket: Nos. 83-1240, 83-1471
Court: District Court of Appeal of Florida; June 6, 1984; Florida; State Appellate Court
Barbara Perlman appeals a trial court's final order regarding her petition to modify alimony and child support. She contests the increase in alimony, the child support amount for their daughter Marla, and the court's decision to require appellee to pay only half of her attorney's fees. The court upheld the alimony increase but found the trial court erred in not raising Marla's child support and in awarding only half of the attorney's fees. The trial court denied the request for increased child support for Marla, citing her refusal to visit with the appellee. However, it neglected key factors that warranted a reversal. The appellee acknowledged his ability to pay increased support, and Marla, now sixteen and working 25-30 hours per week due to inadequate support, has confirmed her needs have increased. Disputed claims about Marla's visitation were raised, particularly regarding her refusal to visit when the appellee's new wife is present. The prior agreement between the parties granted the children discretion over visitation, making the current case different from cited precedents. The court held that the trial court improperly denied Marla's support increase. Additionally, the trial court's decision to award only half of the appellant's $3,390 attorney's fees was deemed an abuse of discretion, given the significant disparity in the parties’ financial situations. Consequently, the court reversed and remanded with instructions for the trial court to determine an appropriate amount of child support for Marla and to award the full amount of attorney's fees to the appellant. The final judgment was affirmed in other respects. The decision was concurred by Chief Judge Anstead and Judge Downey.