PATRICK DALY, APPELLANT,
v.
VERONICA DALY, APPELLEE
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In this short-term marriage dissolution case, the Florida Fifth District Court of Appeal reversed and remanded the trial court's award of permanent alimony to the ex-wife, holding that the trial court failed to consider imputing income based on the ex-wife's demonstrated ability to work part-time, despite her voluntary departure from the workforce.
The court reversed and remanded, holding that the trial court must determine whether income for part-time work should be imputed to the appellee and, if so, how much, and then reconsider the permanent alimony award and insurance coverage obligation based on that determination, including setting a maximum amount for insurance expenses within the appellant's ability to pay.
[1] A trial court must consider the possibility of imputing income from part-time employment to a party when determining alimony obligations.
[2] A trial court should not grant permanent alimony without considering whether an able-bodied party who has the ability to work should do so to contribute to their own supp…
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“The very concept of imputed income is to require those who are able to do so to contribute to their support or to the support of those for whom they are responsible.”
Establishes the legal principle underlying the court's reversal, explaining why the trial court should have considered imputing part-time income to the appellee.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellant Patrick Daly earned $2,138.84 per month from disability benefits, pension, and social security. Appellee Veronica Daly voluntarily left empl…
The full statement of facts, procedural history, and disposition for this case are member content.
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HARRIS, Judge.
In this relatively short term marriage, appellant was required to pay permanent alimony of $500 per month and, insofar as the judgment is concerned, any amount for health insurance for appellee that is “reasonable.” In addition, as part of the distribution of assets, appellant was required to pay appellee $326.75 per month on a mortgage.
The final judgment indicates that appellant’s income is $2,138.84 per month which consists of disability benefits, income from pension and annuity funds, and social security. Appellee, on the other hand, voluntarily gave up employment at some point during the marriage even though qualified and licensed1 to work in the medical field. Although asserting some medical problems, appellee testified as to an ability to work three days a week.
The testimony at trial was that appellee could expect to earn $15 an hour. Even if appellee worked only eight hours per day, three days per week at $15 per hour, appellee’s income, together with the mortgage payment, would exceed appellant’s income. The trial court granted permanent alimony, finding that the appellee “may have some physical limitations on [appellee’s] ability to obtain full time employment.” The court did not consider the possibility of part-time employment, nor did it explain why an able-bodied person who has the ability to work should not do so in order to contribute to their own support or help support those depending upon them.
The evidence is unre-butted that appellee is “able-bodied,” at least to the extent of working three days per week. The very concept of imputed income is to require those who are able to do so to contribute to their support or to the support of those for whom they are responsible. For example, see Arouza v. Arouza, 670 So. 2d 69 (Fla. 3d DCA 1995).
We reverse for the trial court to determine whether income for part-time work should be imputed to appellee and, if so, how much. Based on this determination, the court should reconsider whether to require appellant to provide insurance coverage for appellee. If such coverage is required of appellant, then the court should set a maximum amount for this expense that is within the ability of appellant to pay. See Oh v. Oh, 570 So. 2d 1030 (Fla. 5th DCA 1990).
REVERSED AND REMANDED for reconsideration of the support and insurance obligation consistent with this opinion.
PETERSON, C.J., and ANTOON, J„ concur. . The record indicates that appellee may have permitted the license to expire, but there appears to be no impediment to having the license renewed. Perhaps rehabilitative alimony should be considered in this regard.
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Ira Freilich v. Freilich, 897 So. 2d 537 (Fla. 5th DCA 2005)…pport and alimony.” We begin with the widely-accepted notion that “[t]he very concept of imputed income is to require those who are able to do so to contribute to their support or to the support of those for whom they are responsible.” Daly v. Daly, 679 So. 2d 36, 37 (Fla. 5th DCA 1996). For purposes of child support, the court will be required to impute income to a parent who is voluntarily unemployed or underemployed, pursuant to section 61.30(2)(b), Florida Statutes (2003), which provides: Income on a mo…
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Cura v. Faye Cura, 299 So. 3d 1127 (Fla. 3d DCA 2020)…4, 236 (Fla. 4th DCA 2010); see § 61.30(2)(b), Fla. Stat. (2019). “The very concept of imputed income is to require those who are able to do so to contribute to their support or to the support of those for whom they are responsible.” Daly v. Daly, 679 So. 2d 36, 37 (Fla. 5th DCA 1996). Accordingly, in determining the propriety of a child support award, “[m]onthly income shall be imputed to an unemployed or underemployed parent if such unemployment or underemployment is found by the court to be voluntary on…
Authorities Cited
- Arouza v. Goldin C. Arouza, 670 So. 2d 69 (Fla. 3d DCA 1995)
- OH v. OH, 570 So. 2d 1030 (Fla. 5th DCA 1990)