Posted by Nydia Streets of Streets Law in Florida Divorce
An award of temporary support in a Florida divorce case which exceeds the payor’s ability to pay can be reversed on appeal, even without a hearing transcript. This was an issue in the case Melton v. Melton, 5D2024-3467 (Fla. 5th DCA September 12, 2025).
The wife in this divorce case sought temporary alimony and child support. The trial court made a finding that the husband had a surplus of about $2,600 per month after meeting his own expenses. Despite this, the court ordered the husband to pay a combined total of $4,440 per month in temporary alimony and child support. The husband appealed.
The appellate court reversed, holding “[I]t is apparent from the face of the order being appealed that Husband is correct that the trial court abused its discretion by ordering him to pay temporary alimony and child support in an amount exceeding his monthly surplus. ‘[A] trial court cannot enter a . . . [financial] award that exceeds or nearly exhausts a party’s income because it would abuse its discretion by doing so.’ Hawryluk v. Hawryluk, 365 So. 3d 477, 478 (Fla. 5th DCA 2023) (quoting Williams v. Williams, 10 So. 3d 651, 652 (Fla. 5th DCA 2009) (internal quotation marks omitted)). As in Hawryluk, the trial court ‘failed to make clear in the record’ how Husband could cover monthly obligations for temporary alimony and child support that exceed the amount the trial court determined to be his monthly surplus.”
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