Michael Williams (husband) appeals a non-final order on temporary child support and alimony entered in an action for the dissolution of his marriage to Dania Williams (wife). We reverse the temporary alimony award as it is excessive.
This nineteen-year marriage produced one child, now fifteen years of age. The husband, a deputy sheriff, has a gross monthly income of approximately $3,254, including overtime and special duty pay. The wife’s gross income monthly income is $2,650 per month. The husband argues that the general magistrate abused his discretion when he recommended and the lower court ordered him to pay $ 685.63 per month in temporary child support and $1,947 per month as in-kind alimony to the wife. 1 He contends that the temporary award is excessive as it equals 97% of his net income (and 81% of his gross income) as determined by the general magistrate. 2
In a dissolution of marriage proceeding, each party’s sources of income and ability to pay are factors to be considered in determining whether alimony, child support, or attorney’s fees are appropriate, and if so, in what amounts.
Smith v.
Smith,
Here, the record supports the wife’s need for temporary alimony. However, the award of temporary child support and in-kind alimony is clearly excessive, as combined, it will consume 97% of the husband’s net monthly income. Based on these circumstances, we conclude that the trial court abused its discretion by order
Because the amount of temporary in-kind alimony awarded is excessive, we reverse that award and remand for reconsideration.
AFFIRMED in part; REVERSED in part, and REMANDED.
