ERNESTO BASCUAS AND PRO INVESTMENT CONSULTANT, INC., APPELLANTS,
v.
BERTHA BASCUAS, APPELLEE
PER CURIAM.
The trial judge’s ultimate finding — that the husband has the ability to pay the award of alimony and child support — includes an implicit finding that the husband’s past income was higher than he testified to at trial and that his earning potential is greater than the meager salary he earns in a job he accepted on the eve of trial. That finding is amply supported by the record. See Seitz v. Seitz, 471 So. 2d 612 (Fla. 3d DCA 1985) (it is settled law in Florida that income may be imputed to spouse even though the source of that income cannot be clearly established); Maddux v. Maddux, 495 So. 2d 863 (Fla. 4th DCA 1986) (court may impute an income to the husband based on what he could earn by use of his best efforts to gain employment equal to his capabilities).
AFFIRMED.
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Woodard v. Jaymie Sands Woodard, 634 So. 2d 782 (Fla. 5th DCA 1994)…ast gross earnings or the husband’s net earnings. A trial court may, in its discretion, impute income to the husband based on past net earnings and earning potential. Warren v. Warren, 629 So. 2d 1079 (Fla. 3d DCA 1994). See also Bascuas v. Bascuas, 538 So. 2d 520 (Fla. 3d DCA 1989); Bielecki v. Bielecki, 505 So. 2d 546 (Fla. 3d DCA), rev. dismissed, 511 So. 2d 297 (Fla.1987). It constitutes error, however, to calculate the husband’s imputed income based on the husband’s past gross earnings rather than on the…
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Metz v. Nita Rickie Metz, 546 So. 2d 41 (Fla. 4th DCA 1989)…had more expenses than income. The trial judge was justified to believe that the husband had available resources to pay an award of alimony higher than shown by direct proof. See also Keller v. Keller, 308 So. 2d 106 (Fla.1974); Bascuas v. Bascuas, 538 So. 2d 520 (Fla. 3d DCA 1989); Klein v. Klein, 122 So. 2d 205 (Fla. 3d DCA 1960). Other cases have found that under their circumstances imputing income in awarding alimony or child support was error. Sheiman v. Sheiman, 472 So. 2d 521 (Fla. 4th DCA 1985), fou…
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In re The Marriage of Frederic H. Warren v. Warren, 629 So. 2d 1079 (Fla. 3d DCA 1994)…rial court erred in calculating the husband’s income when it determined the amount of permanent alimony to award the wife. The court may in its discretion impute income to the husband based on past earnings and earning potential. Bascuas v. Bascuas, 538 So. 2d 520 (Fla. 3d DCA 1989); Bielecki v. Bielecki, 505 So. 2d 546 (Fla. 3d DCA), rev. dismissed, 511 So. 2d 297 (Fla.1987). In this case, however, the General Master erroneously calculated the imputed income based on the husband’s past gross earnings, rather…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Seitz v. Seitz, 471 So. 2d 612 (Fla. 3d DCA 1985)
- Broward Cnty. Bd. of Cnty. Comm'rs v. State, 495 So. 2d 863 (Fla. 4th DCA 1986)