Michael Hawryluk, Jr. v. Kathryn Hawryluk

Summary

The Florida Fifth District Court of Appeal held that the 2023 amended version of Florida Statutes section 61.08 applies only to initial dissolution petitions that were pending or filed on or after July 1, 2023. The court concluded that the petition in this case ceased to be pending when the trial court entered its written final judgment, notwithstanding the subsequent appeal and limited remand. The court affirmed the trial court and certified direct conflict with the Second District's decisions in Woodward v. Woodward and Morgan v. Morgan.

Holdings

1. The 2023 amended version of section 61.08 did not apply because the initial petition for dissolution was no longer pending after the circuit court entered a written final judgment, even though an appeal was pursued and the case was later remanded for limited proceedings.
2. The circuit court complied with the Fifth District's mandate by recalculating the payment schedule so that Former Husband's aggregate monthly obligation was within his established ability to pay.
3. The Fifth Order of Contempt was affirmed without discussion.

Questions Presented

1. Whether the 2023 amended version of section 61.08, Florida Statutes, applied to the alimony award because the initial dissolution petition remained pending on July 1, 2023, after entry of a final judgment, an appeal, partial reversal, and remand.
2. Whether the circuit court complied with the Fifth District's prior mandate when it recalculated Former Husband's aggregate monthly payment obligation.
3. Whether the Fifth Order of Contempt should be affirmed.

Disposition

affirmed