JOHNNIE MCCRAY, JR., APPELLANT,
v.
JOAN PATRICIA MCCRAY, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
In this dissolution of marriage appeal, the husband challenged alimony, child support, and attorney's fees awards, arguing he lacked financial ability to pay. The court reversed the awards and remanded because the trial court failed to adequately explain or justify awards substantially exceeding the wife's stated financial need, despite relying solely on agreed facts and financial affidavits.
The court reversed the awards for alimony, child support, and attorney's fees, holding that the trial court failed to provide adequate explanation or findings justifying awards substantially exceeding the wife's stated need, and remanded for reconsideration with proper findings or additional evidence.
[1] A trial court may weigh and consider financial affidavit figures in light of all evidence, common sense, and reason, and is not bound to accept them to the dollar.
[2] An appellate court should not reevaluate evidence to arrive at conclusions it considers more just or equitable than those of the trial court.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a necessary factor to be considered in all three awards”
Establishes that financial ability to pay is a mandatory consideration in alimony, child support, and attorney's fees awards
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe husband earned $1,319.26 net monthly and faced alimony and child support obligations totaling $487.13 per month (plus a 3% depository service char…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Alimony Award Criteria cases and more on FLexlaw
PER CURIAM.
The husband appeals from a final judgment of dissolution of marriage ordering him to pay alimony, child support, and a portion of the wife’s attorney’s fees. Although not challenged by him, the judgment also ordered the husband to pay fifty percent (50%) of the children’s medical expenses not covered by insurance, and a joint hospital debt. We reverse that portion of the final judgment awarding the alimony, child support, and attorney’s fees, and remand for further proceedings.
The husband argues that he does not have the financial ability to pay the amounts awarded, a necessary factor to be considered in all three awards. Starling v. Starling, 491 So. 2d 605 (Fla. 1st DCA 1986); DeHart v. DeHart, 360 So. 2d 1285 (Fla.1978). The combined alimony and child support totaled, according to the husband’s undisputed calculations, $487.13 per month. Added to that amount would be the three percent (3%) service charge of the domestic relations depository, increasing the total to $501.74 per month. As stated in the husband’s financial affidavit, his net monthly salary is $1,319.26. Subtracting from that amount the monthly alimony and support obligations leaves the husband only $817.52 to meet monthly expenses of approximately $1,164.49 (monthly expenses less average support previously paid), a patently intolerable result, according to the husband’s argument.
We disagree with the husband’s conclusion that the evidence demonstrates that the husband does not have the financial ability to pay the amount awarded. By the husband’s own calculations, the final judgment leaves him $817.52 monthly to meet his own living expenses. By comparison, the wife has available from her own earnings $743.36 per month, or $843.36 per month if her average of $100 per month net overtime is included. The husband’s remaining income of $817.52 is roughly comparable, therefore, to the wife’s income with overtime included. We note, however, that the wife has transportation expenses for herself and the two children (ages 6 and 13) which includes a car payment, which the husband does not have.
We recognize that various comparisons can be made and arguments presented, favoring one side or the other, based on the financial information presented. The point, however, which we emphasize, is that contrary to the husband’s assumptions neither we nor the trial court are bound to accept to the dollar the living expense figures shown in the husband’s financial affidavit. The trial court is free to weigh and consider such figures, and the others, in the light of all the evidence, and in the light of ordinary common sense and reason, and to accept or reject such evidence accordingly. Furthermore, it is not the province of this court to reevaluate the evidence to arrive at conclusions which we would consider more just or equitable.
However, we do find that reversal is indicated. As pointed out by appellant, the wife’s affidavit discloses a need for only an additional $219.89 per month, not taking into account her overtime earnings, yet the award of alimony and child support amounts to $487.13 monthly. This appeal has been submitted to this court on an agreed statement of facts and the financial affidavits of the parties. There is nothing in this record to explain the monetary-awards in excess of the wife’s stated need. We may only surmise that the trial judge thought the wife underestimated her and the children’s expenses, just as he might have thought the husband padded his expenses somewhat.
Since appellee has accepted the agreed statement of facts, which contains no reference to evidence which might support the award of alimony and child support in excess of the wife’s stated need, and there is no finding or explanation contained in the final judgment, we reverse and remand to the trial court for reconsideration and adjustment of these awards, if found proper, or for entry of an amended judgment setting forth the basis for the awards after receiving further evidence or not, in the trial court’s discretion. In the light of our disposition of the other awards, we reverse and remand also for reconsideration of the award of attorney’s fees to the wife.
REVERSED and REMANDED.
ERVIN, SMITH and WIGGINTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gelman v. Roslyn Uditsy Gelman, 512 So. 2d 236 (Fla. 1st DCA 1987)…as to why the court awarded an amount in excess of the children’s apparent needs, we reverse and remand for the trial court to either adjust the child support award or enter an amended judgment setting out the basis for the award. McCray v. McCray, 493 So. 2d 1117 (Fla. 1st DCA 1986). The trial court may receive additional evidence in its discretion. Second, this court has held that where the evidence indicates a child’s continuing need for support and the paying spouse’s ability to contribute, the court may…
-
Dorworth v. Dorworth, 176 So. 3d 336 (Fla. 5th DCA 2015)…41, 942 (Fla. 2d DCA 2010). An order awarding alimony in excess of the recipient spouse’s needs will be reversed as an abuse of discretion, absent special circumstances. Rosecan v. Springer, 845 So. 2d 927, 929 (Fla. 4th DCA 2003); McCray v. McCray, 493 So. 2d 1117, 1117 (Fla. 1st DCA 1986). Former Wife’s net monthly income from salary and alimony was calculated at $7,307.05. The trial court listed specific items of expense in the final judgment when it determined Former Wife’s monthly needs to be “at least” $…
-
Cobb v. Edythe Cobb, 538 So. 2d 1370 (Fla. 3d DCA 1989)…) any other matter deemed appropriate under the circumstances. See Elenewski v. Elenewski, 528 So. 2d 1354, 1355 (Fla. 3d DCA 1988); Meloan v. Coverdale, 525 So. 2d 935, 937-38 (Fla. 3d DCA), rev. denied, 536 So. 2d 243 (Fla.1988); McCray v. McCray, 493 So. 2d 1117, 1118 (Fla. 1st DCA 1986). REVERSED AND REMANDED.…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- DeHART v. DeHART, 360 So. 2d 1285 (Fla. 2d DCA 1978)
- Starling v. Starling, 491 So. 2d 605 (Fla. 1st DCA 1986)