Contested Alimony in Florida: Why Accurate Income Findings Matter

Alimony remains one of the most disputed aspects of divorce cases through the State of Florida. Even though the law has restricted the types of alimony, trial courts must make specific findings on the need for support and the other spouse’s ability to pay. The Second District Court of Appeal recently decided a divorce case, emphasizing the importance of technical errors in the financial analysis that granted alimony.

Background of the case

In the dissolution of marriage action, the parties had ended a long marriage and resolved many issues by agreement. Alimony was left for the trial court to determine. The court held a trial and determined that the former wife would receive durational alimony based on her need and the ability of the former husband to pay.

The issue in the case was not the validity of the payment of alimony but the method by which the trial court had calculated the financial condition of the parties in its determination of need and ability to pay. In its findings, the trial court based its decision to award alimony on the gross income of the payor. The former wife appealed the determination, alleging that the trial court failed to adhere to Florida’s rules regarding the determination of alimony awards.

The appeal

In its review of the matter on appeal, the Second District Court of Appeal considered whether the trial court had properly applied the standard that should have been used when calculating alimony. In Florida, when calculating alimony, the court must make its decision on the basis of net income rather than gross income.

In this case, the Second District Court of Appeal found that the trial court erred in its decision to use the party’s gross incomes to calculate alimony. In doing so, the court had overestimated the former husband’s ability to pay and had not properly assessed the true need of the former wife.

For these reasons, the Second District Court of Appeal overturned the decision of the trial court regarding its determination of alimony and remanded the case back to the trial court to make the correct findings.

Key takeaways

The single most important takeaway from the aforementioned case is that trial courts are required to base determinations of alimony on the net income of both parties, not gross income. In this case, the trial court failed to properly calculate the parties’ income, and the appellate court recognized that there had been a failure of law. Generally speaking, the appellate courts scrutinize the financial calculations of the trial court to ensure that the law has been properly applied. In this case, it wasn’t. 

Talk to a St. Petersburg, FL, Divorce Lawyer Today 

The Law Office of Kevin F. Coleman represents the interests of St. Petersburg residents pursuing divorce. Call our St. Petersburg family lawyers today to schedule an appointment, and we can begin preparing your case right away.

Source:

casemine.com/judgement/us/65a9fb1ef5042d01406bd53e