Bleakley v. Bleakley

Gary BLEAKLEY, Appellant/Cross-Appellee, v. Jacqueline Ann BLEAKLEY, Appellee/Cross-Appellant.

District Court of Appeal of Florida

Decided September 4, 1996.

Rehearing and Clarification Denied October 23, 1996.

District Court of Appeal of Florida · decided 1996-09-04

Cited by 5 later decisions — most recently November 2000

5 state decisions

Relies on North American Mortgage Investors v. Reef Club Condominium Ass'n

Good law ✅— No negative treatment on recordhow we know

Decided 1996-09-04

View the full empirical analysis of this case →

¶1Diane H. Tutt of Diane H. Tutt, P.A., Plantation, for appellant/cross-appellee.

¶2Steven Gary and Albert Wilensky, Miami, for appellee/cross-appellant.

¶3FARMER, Judge.

¶4We affirm the lower court's order except for the husband's required monthly payment towards the wife's attorney fees. The prescribed payment amount is too low as it does not cover even the monthly interest on the principal amount and the husband has the ability to pay more. Urbieta v. Urbieta,469 So.2d 930 (Fla. 3d DCA 1985), found an abuse of discretion where the court assigned a monthly payment too low in proportion to the assets and income of the husband. The same situation exists here.

¶5We remand the monthly fee payment issue to the trial court for a determination of a fee payment appropriate to the husband's income level in proportion to the principal owed.

¶6GUNTHER, C.J., and POLEN, J., concur.