STERLING M. OLDS, APPELLANT,
v.
MARY P. OLDS, APPELLEE
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The court held that permanent periodic alimony should be based on the husband's current income, not his past higher earnings before a market crash.
The trial court awarded permanent periodic alimony based on the husband's past high income from stockbrokering, which was substantially greater than h…
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LEHAN, Acting Chief Judge.
We reverse the award of permanent periodic alimony to appellee. It appears clear that the trial court based the amount of the award upon income the stockbroker husband had earned in past years before the so-called crash of the stock market in 1987, that income having been very substantially greater than his current income. While the husband testified that he expected his income level to return to that of past years, he also testified that that might not occur for two years. There'was no evidence in rebuttal, nor was there evidence, or any reasonable inference therefrom, to rebut his testimony that he was working to the best of his ability to produce the maximum income possible.
As in Kernan v. Kernan, 495 So. 2d 275 (Fla. 5th DCA 1986), “[t]he trial court should have properly considered the husband’s ability at the present time, not what might occur_” in the future. See also Barclay v. Barclay, 554 So. 2d 1191 (Fla. 2d DCA 1989). Of course, when and if the husband’s income increases, an upward modification of alimony may be considered upon a proper motion.
Upon remand the trial court shall reconsider and adjust to an amount commensurate with the husband’s current income the amount of permanent periodic alimony to be awarded to appellee. The husband has conceded that permanent periodic alimony is appropriate.
Reversed and remanded-for proceedings consistent herewith.
FRANK and PARKER, JJ., concur.
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Davis v. Davis, 691 So. 2d 626 (Fla. 5th DCA 1997)…f the other to pay. Canakaris v. Canakaris, 382 So. 2d 1197, 1203 (Fla.1980). The ability of a spouse to pay alimony must be based on present ability. It is improper for a court to look to past earnings or speculate on future earnings. Olds v. Olds, 555 So. 2d 883 (Fla. 2d DCA 1990); Keman v. Keman, 495 So. 2d 275 (Fla. 5th DCA 1986). A court, however, may impute income upon a showing that there is a capability to earn more by the use of more diligent efforts. Gildea v. Gildea, 593 So. 2d 1212 (Fla. 2d DCA 19…
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DeSANTO v. DeSANTO, 621 So. 2d 560 (Fla. 2d DCA 1993)…rds- on past income despite uncontroverted evidence of the husband’s obvious inability to meet these obligations on the income available to him at the time of the final hearing. Under the circumstances of this case, this was error. See Olds v. Olds, 555 So. 2d 883 (Fla. 2d DCA 1989); Barclay v. Barclay, 554 So. 2d 1191 (Fla. 2d DCA 1989); DeHart. We, accordingly, reverse the awards of alimony, child support, and attorney’s fees and remand with instructions to redetermine the husband’s ability to meet his fin…
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Sterling M. Olds v. Olds, 584 So. 2d 646 (Fla. 2d DCA 1991)…s former wife, Mary P. Olds, we reversed the trial court’s award of permanent periodic alimony, $400 per week, because it was evident that the trial court based that amount upon an anticipation that the husband’s income would increase. Olds v. Olds, 555 So. 2d 883 (Fla. 2d DCA 1989). Upon remand, the trial court reduced the $400 weekly payments to $200 per week but refused to make the obligation retroactive to the date of the initial award. The ex-husband now asserts that had the trial court concurred in his…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kernan v. Kernan, 495 So. 2d 275 (Fla. 5th DCA 1986)
- Barclay v. Barclay, 554 So. 2d 1191 (Fla. 2d DCA 1989)