Opinion

Barko v. Barko

  • 557 So. 2d 932
  • 1990 Fla. App. LEXIS 1419
  • 1990 WL 20397
Court
District Court of Appeal of Florida
Filed
Mar 8, 1990
Status
Published
Author
Sharp
On the bench
Cobb, Orfinger, Sharp
Cited by
3 cases
Authority
More cited than 63.5%

The opinion

W. SHARP, Judge.

Rita Barko appeals from a final order which modified a final judgment of dissolution and terminated all alimony payments to her. The trial judge also denied her request to retain jurisdiction. The record contains sufficient evidence to support the termination of alimony under the present circumstances. However, it was error for the trial judge to fail to retain jurisdiction and on this point we reverse.

The question of reserving jurisdiction in a dissolution proceeding is within the trial court’s discretion. Shaw v. Shaw, 334 So.2d 13 (Fla.1976); Brown v. Brown, 440 So.2d 16 (Fla. 1st DCA 1983). But, if the facts or circumstances demonstrate that a change in circumstances in the future is likely that will affect either the need for, or ability to pay alimony, the court should retain jurisdiction. Brown; Hunt v. Hunt, 394 So.2d 564 (Fla. 5th DCA 1981); Mumm v. Mumm, 353 So.2d 134 (Fla. 3d DCA 1977); Roberts v. Roberts, 283 So.2d 396 (Fla. 1st DCA 1973); Reed v. Reed, 244 So.2d 449 (Fla. 1st DCA 1971).

In this ease it was uncontroverted that the former husband will be eligible for social security benefits in the near future. Taken together with his pension income and the support provided him by his present wife, it appears appellee’s financial circumstances likely will improve with the addition of social security so as to enable him to pay alimony to appellant. Appellant had previously demonstrated and established a need for permanent alimony; and the record here did not show she no longer needs support from appellee, if he is able to pay it. Accordingly, the trial court’s failure to retain jurisdiction constitutes an abuse of discretion.

REVERSED and REMANDED.

ORFINGER, M., Associate Judge, concurs.

COBB, J., dissents without opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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