ALEJANDRO J. CLAUDIO, APPELLANT,
v.
ANA M. CLAUDIO, APPELLEE
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Husband appeals a dissolution of marriage judgment challenging the trial court's determinations regarding alimony, child support, and attorney's fees. The appellate court reverses and remands due to apparent errors in calculating the husband's income and in the distribution of the marital home as lump sum alimony.
The court reversed and remanded, finding that the $1,967.00 income figure appears erroneous and must be clarified. The award of exclusive possession of the marital home as lump sum alimony was error because it reduced husband's asset share to a contingent reversionary interest without adequate findings justifying unequal distribution. Child support and attorney's fees determinations must be reconsidered based on the corrected income figure.
[1] A trial court's finding of a party's average monthly net salary may be a mistake if it appears to be an estimate based on anticipated earnings and is inconsistent with th…
[2] An award of exclusive possession of the marital home as lump sum alimony, in addition to periodic alimony, may constitute error if it significantly reduces the value of t…
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 court essentially reduced husband's share of this asset to a contingent reversionary interest, thereby significantly reducing its value. No findings were made that would justify this unequal distribution.”
Establishes that the trial court's award of exclusive home possession to wife as alimony constituted error in asset distribution without adequate justification.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe parties were divorcing and had one marital asset of significant value: a home worth $114,000 with $57,000 in equity. The trial court found husband…
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GRIFFIN, J.
Appellant, Alejandro J. Claudio [“husband”], seeks review of aspects of a final judgment of dissolution of marriage dealing with alimony, child support, and attorney’s fees. We reverse and remand because of certain errors in the judgment that require correction or explanation.
The lower court found that husband had an average monthly net salary of $1,967.00. Given the testimony in the record concerning the husband’s earnings, this figure appears to be a mistake. It coincides with the figure contained on husband’s affidavit in which he was apparently estimating his income based upon an anticipated reduction in earnings. Further, this figure makes no sense in light of the overall financial scheme utilized by the trial court, which called for husband to make approximately $1,400.00 per month in out-of-pocket payments for alimony and child support. It is accordingly necessary to remand to the trial court for reconsideration. If it is the income figure that is erroneous, it needs to be corrected. If the income figure is what the trial court intended to find, then the alimony and child support awarded are excessive.
Assuming it is the income figure that is erroneous, based on the record evidence of husband’s income, we see no merit in appellant’s attack on the award of $1,000.00 per month as alimony to wife. The award of possession of the marital home as lump sum alimony in addition to the periodic alimony was error, however. Finding that the wife would not be able to enjoy a quality of housing comparable to that which she enjoyed during the marriage, given her financial resources, the court gave her exclusive possession of the marital home until alimony terminates or she remarries. Wife was required to make all mortgage, insurance and tax payments on the property but, if the property is sold, wife is to be given credit for all payments, improvements, and expenses prior to dividing any proceeds from the sale.
The court found the value of the marital home was $114,000.00. The mortgage amount was $57,000.00, leaving equity of $57,000.00. This property was essentially the only asset of the marriage.
The trial court ruled that the assets of the marriage should be divided equally; yet, by giving the wife exclusive use and possession of the home, the court essentially reduced husband’s share of this asset to a contingent reversionary interest, thereby significantly reducing its value. No findings were made that would justify this unequal distribution.1 Two other issues also are affected by clarification of the husband’s income. The amount of child support appears to have been incorrectly calculated.
Finally, if the $1,967.00 income figure is correct, we agree with appellant that the award of attorney’s fees to the wife would be an abuse of discretion. If the income figure as clarified is consistent with the reported income for 1994 and 1995 or if the court finds that appellant had additional unreported income, however, there would be no abuse of discretion in the award of attorney’s fees.
Given the meager assets at issue here and the extreme delay in issuance of the first judgment, the lower court should act immediately to correct the judgment.
REVERSED and REMANDED.
W. SHARP, and THOMPSON, JJ., concur. . There was a substantial issue raised at the trial court level concerning dissipation of as sets by husband and there are other facts of record that might conceivably support an unequal distribution, but the lower court did not make any such findings.