EDWARD C. KING, APPELLANT/CROSS-APPELLEE,
v.
JANET L. KING, APPELLEE/CROSS-APPELLANT
HARRIS, J.
We affirm the court’s judgment in determining that the songs written by the husband prior to the marriage are not marital assets. We also affirm its decision not to require that the husband’s obligations be secured, if for no other reason, because it was not requested below.
However, we must reverse the child support, alimony and attorney’s fees award because the court failed to determine the husband’s income. On remand, the court should reconsider these awards after appropriately determining the husband’s income. If the court elects not to apply any resulting modification award retroactively to the date the petition was filed, then it should state its reasons for not doing so.
AFFIRMED in part; REVERSED in part and REMANDED.
DAUKSCH and THOMPSON, JJ, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Zubkin v. Zubkin, 823 So. 2d 870 (Fla. 5th DCA 2002)…e filed his petition for modification. Whether the trial court considered the issue is not reflected by the order. A decision not to make the modification retroactive is discretionary, but reasons for not doing so should be stated. See King v. King, 734 So. 2d 542 (Fla. 5th DCA 1999). [*872] We vacate the order modifying child support and remand. The trial court is instructed to: 1. Recalculate child support without imputing income. 2. Reconsider retroactive modification and state the reason for not doing s…
-
McINTOSH v. Delle D. McINTOSH, 915 So. 2d 742 (Fla. 5th DCA 2005)…s warranted. As a matter of equity, the trial court should consider whether a temporary modification is warranted, and also decide whether such modification should apply retroactively, and if not, explain its decision not to do so. See King v. King, 734 So. 2d 542 (Fla. 5th DCA 1999) (noting that a decision not to make a modification retroactive is discretionary, but the reasons for not doing so should be stated on the record). We vacate the denial of a temporary modification and instruct the trial court to…