SUSAN SCHODITSCH v. RICHARD SCHODITSCH
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Susan Schoditsch,
Appellant/Cross-Appellee,
IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
v.
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
Richard Schoditsch
CASE NO. 1D04-1992 & 04-2121
Appellee/Cross-Appellant.
__________________________/
Opinion filed December 3, 2004.
Appeal and cross-appeal from the Circuit Court for Okaloosa County, Judges T.
Patterson Maney, and Joseph Q. Tarbuck.
John P. Townsend; John P. Townsend, P.A., Fort Walton Beach, for Appellant /CrossAppellee.
Anthony C. Bisordi; Bisordi & Bisordi, P.A., Shalimar, for Appellee/Cross-Appellant.
HAWKES, J.
In this appeal and cross-appeal following a final order of dissolution of
marriage, six issues are raised. Concluding only two have merit, we affirm the
remaining issues on appeal, and the sole issue on cross-appeal, without discussion.
In its final order, the trial court ordered Appellant to pay the entire cost of the
health insurance for the parties’ minor child, and required her to obtain a life insurance
policy for as long as she is required to pay child support. However, the court is
required by statute to apportion the cost of the insurance between the parties on a
percentage basis. See § 61.13(1)(b), Fla. Stat. (2003); Artuso v. Dick, 843 So. 2d 942
(Fla. 4th DCA 2003); Forrest v. Ron, 821 So. 2d 1163 (Fla. 3d DCA 2002).
Additionally, before ordering a party to obtain and maintain a life insurance
policy, the court is required to make findings regarding the necessity for such
coverage. See § 61.08(3), Fla. Stat. (2003); Guerin v. DiRoma, 819 So. 2d 968 (Fla.
4th DCA 2002); Cissel v. Cissel, 845 So. 2d 993 (Fla. 5th DCA 2003). In determining
such necessity, the trial court should consider the cost and availability of the insurance
and the financial impact on the obligor. See Guerin, 819 So. 2d at 970; Cissel, 845
So. 2d at 995.
The final order is REVERSED as to these two issues only, and the case
REMANDED for proceedings consistent with this opinion.
ERVIN and DAVIS, JJ., CONCUR.
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