GELIN STEPHEN, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Ritter v. Ritter, 690 So. 2d 1372 (Fla. 2d DCA 1997)
  …hat he has the capability of earning more by the use of his best efforts. Gildea v. Gildea, 593 So. 2d 1212, 1213 (Fla. 2d DCA 1992). Present income cannot, however, be imputed based on previous income from a defunct corporation. See Gomez v. Gomez, 659 So. 2d 705, 706 (Fla. 3d DCA 1995). Nothing in the record established that Mr. Ritter is now capable of earning the same amount he did when Continental Condenser was a going concern. While the testimony showed he held a college degree in mechanical engineering…
• Vega v. Vega, 877 So. 2d 882 (Fla. 3d DCA 2004)
  …185, 185-86 (Fla. 3d DCA 1985) (80 percent of net income excessive); Parham v. Parham, 385 So. 2d 107, 108 (Fla. 3d DCA 1980) (60 percent of net income excessive), see also Lambertini v. Lambertini, 817 So. 2d 942 (Fla. 3d DCA 2002); Gomez v. Gomez, 659 So. 2d 705, 706 (Fla. 3d DCA 1995) (excessive imputation of income; award exceeds ability to pay); Schwartz v. Schwartz, 427 So. 2d 232 (Fla. 3d DCA 1983) (reversing under Parham and Blum,); Scott v. Scott, 408 So. 2d 1089, 1090 (Fla. 3d DCA 1982) (excessive a…
• Narcis v. Narcis, 707 So. 2d 936 (Fla. 3d DCA 1998)
  …ount or source of the additional income the former husband was allegedly failing to report. In the absence of record support for the finding that the former husband has substantial unreported income, we are compelled to reverse. See Gomez v. Gomez, 659 So. 2d 705 (Fla. 3d DCA 1995); Guzman v. Guzman 653 So. 2d 1118 (Fla. 5th DCA 1995). The absence of record support also makes it unclear whether the former husband has the financial resources to make the required alimony payments. It is well settled that alimo…

Authorities Cited

• The Off. OF the State Attorney v. Parrotino, 628 So. 2d 1097 (Fla. 1993)
• State v. Kowalski, 617 So. 2d 1099 (Fla. 5th DCA 1993)
• Erling Knud Ove Hansen, Jr. v. State, 503 So. 2d 1324 (Fla. 1st DCA 1987)