JOSEPH ALON, APPELLANT/CROSS-APPELLEE,
v.
DINA ALON, APPELLEE/CROSS-APPELLANT
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This Florida appellate case addresses improper income imputation in a divorce proceeding. The court affirmed the dissolution judgment but reversed and remanded the child support award due to the trial court's failure to properly calculate imputed income and establish reasonable child support obligations.
The trial court did not comply with requirements to set forth specific factual findings supporting imputed income, did not properly calculate net income from an imputed gross income figure, did not justify its minimum income figure, and improperly imposed an uncapped medical expense obligation. The child support award is reversed and remanded for recalculation based on the existing record.
[1] A trial court must set forth specific factual findings concerning the probable and potential earnings level, source of imputed and actual income, and adjustments to incom…
[2] A spouse or children should not be penalized for the lack of full disclosure by the other spouse when imputing income.
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Join FLexlaw to unlock all legal intelligence“When imputing income, the trial court must set forth factual findings concerning the probable and potential earnings level, source of imputed and actual income, and adjustments to income.”
Establishes the legal standard for proper income imputation in family law cases
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Join FLexlaw to unlock all legal intelligenceThe parties were divorced with a child. The trial court found the couple's tax return showing $26,000 adjusted gross income to be 'highly understated'…
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PER CURIAM.
We affirm the final judgment of dissolution except for the award of child support which we reverse and remand for reconsideration.
When imputing income, the trial court must set forth factual findings concerning the probable and potential earnings level, source of imputed and actual income, and adjustments to income. Jones v. Jones, 636 So. 2d 867 (Fla. 4th DCA 1994).
A wife should not be penalized for the lack of full disclosure by a husband, as established in Klein v. Klein, 122 So. 2d 205 (Fla. 3d DCA 1960), nor should children. At the same time, the basis for imputing income and the amount thereof must be supported by the evidence. In the instant case, the trial court began its analysis by observing that in the most recent tax return the couple posted an adjusted gross income of $26,000, which would work out to $2,166.67 a month. It found the amount to be “highly understated,” and went on to find, initially, that the minimum net income of the parties was $2,900 per month. Subsequently, the trial court imputed $1,625 of net income to appellant after ultimately finding the couples’ combined net income was $2,500 per month, and subtracting appellee’s monthly net income of $875.
There are several problems with the trial court’s analysis.
First, it fails to specifically set forth the source of appellant’s imputed income.
The trial court obviously felt appellant had resources, but did not delineate them as the basis for imputed income. The reference to appellant’s income from his brief employment at Eden Foods was used by the trial court to support its figure, but the trial court compared gross income from that job to its imputed net income figure, which is like comparing apples and oranges.
Second, the trial court imputed net income for appellant without first imputing a gross income. Moss v. Moss, 636 So. 2d 164 (Fla. 4th DCA 1994). The net income should have been imputed “only after taking the allowable deductions from an imputed gross income figure as provided in section 61.30(3), Florida Statutes (1991).” Id. at 165.
Third, the trial court did not justify its initial finding of a minimum net income of $2,900 for the couple, and we fail to find any support for it in the record.
There are other problems with the trial court’s award of child support. The trial court found the school expense to be $300 per month, rather than $200, and based its calculations on such. Also, the trial court made appellant responsible for 65% of all medical expenses not covered by insurance. This court has held that such an obligation must be limited to “those [medical expenses] which are reasonable and necessary.” Black v. Black, 490 So. 2d 1334, 1335 (Fla. 4th DCA 1986).
On remand, the trial court is directed to reconsider the award of child support based on the record as it presently exists and should not conduct further evidentiary hearings. GLICKSTEIN and KLEIN, JJ., concur. POLEN, J., concurs in part and dissents in part with opinion.
POLEN, Judge,
concurring in part and dissenting in part.
I agree with most of the majority’s reversal on the trial court’s imputation of income to the former husband. As the majority correctly points out, the rule set forth in Jones v. Jones, 636 So. 2d 867 (Fla. 4th DCA 1994), is that the trial court must make findings of fact as to sources of imputed income, gross amount imputed, and the resulting net amount after deductions are allowed. However, I disagree that the record before us would not support the trial court’s initial determination of a combined net income amount of $2,900 per month including income imputed to the former husband. Assuming the trial court on remand makes the necessary findings of fact, I would hold it could then reach the same result as to imputed income. To the extent the majority opinion disallows such a result, I respectfully dissent.
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Stavros Konsoulas v. Konsoulas, 904 So. 2d 440 (Fla. 4th DCA 2005)…nson, 793 So. 2d 1109, 1111 (Fla. 4th DCA 2001). Where a party voluntarily reduces income under these circumstances, income may be imputed, provided the imputation is supported by the evidence and findings concerning probable earnings. Alon v. Alon, 665 So. 2d 1110, 1111 (Fla. 4th DCA 1996). Here, however, despite the court’s skepticism, it is undisputed that the majority shareholder will no longer permit the excessive draws from Southport. A party cannot be expected to act illegally to maximize income. See A…
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Smith v. Smith, 737 So. 2d 641 (Fla. 1st DCA 1999)…g income and the ability to pay obligations may be inferred from the circumstances of the case, Scapin v. Scapin, 547 So. 2d 1012, 1013 (Fla. 1st DCA 1989), the source of income and the amount imputed must be supported by the evidence. Alon v. Alon, 665 So. 2d 1110 (Fla. 4th DCA 1996). The statute addressing attorney’s fees, suit money, and costs contemplates the trial court’s consideration of “the financial resources of both parties,” including the parties’ relative financial need or ability to pay. § 61.16(1…
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Bimonte v. Martin-Bimonte, 679 So. 2d 18 (Fla. 4th DCA 1996)…o the probable and potential earnings level, source of imputed and actual income, and adjustments to income. Janes v. Jones, 636 So. 2d 867, 868 (Fla. 4th DCA 1994). This court recently reversed a final judgment with similar flaws, see Alon v. Alon, 665 So. 2d 1110 (Fla. 4th DCA 1996), finding as follows: There are several problems with the trial court’s analysis. First, it fails to specifically set forth the source of appellant’s imputed income. The trial court obviously felt appellant had resources, but did…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lily Klein v. Klein, 122 So. 2d 205 (Fla. 3d DCA 1960)
- Jones v. Jones, 636 So. 2d 867 (Fla. 4th DCA 1994)
- Black v. Black, 490 So. 2d 1334 (Fla. 4th DCA 1986)
- Mann Lattimore v. BEN Stern Constr. Co., Inc., 636 So. 2d 164 (Fla. 4th DCA 1994)
- Moss v. Moss, 636 So. 2d 164 (Fla. 4th DCA 1994)