LEIGH ANN PIKE, APPELLANT,
v.
CHARLES G. PIKE, APPELLEE
Explore caselaw by topic → Browse Taxability Of Alimony cases and more on FLexlaw
PER CURIAM.
In a dissolution of marriage case such as this one, in which alimony is required because of the disparity in income between the parties, the court must first determine the amount of alimony and then, considering alimony as income, determine the amount of child support. § 61.30(2)(a)9, Fla. Stat. (2004). Cornett v. Cornett, 713 So. 2d 1083 (Fla. 2d DCA 1998). In this case the trial court first determined the amount of child support, and then awarded only a dollar a month in permanent alimony. The court did this because it concluded that the mother would be better off if the entire award was child support, which would not be taxable to her. Although it is obvious from the record that the court was attempting to achieve the most beneficial financial result for both parties, the court erred in awarding alimony of only one dollar a month. As the court did in Cornett, we reverse and remand for the court to determine permanent periodic alimony, and' then, taking that amount into account, calculating child support.
FARMER, KLEIN and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Price v. Price, 951 So. 2d 55 (Fla. 5th DCA 2007)…rectly pointed out, when “alimony is required because of the disparity in income between the parties, the court must first determine the amount of alimony and then, considering alimony as income, determine the amount of child support.” Pike v. Pike, 932 So. 2d 229, 229 (Fla. 4th DCA 2005). [*59] When child support is not considered, Nicole’s financial affidavit reflects a monthly deficit. And, we agree with the trial court that Nicole’s affidavit reflects extraordinarily modest personal expenses. In short, th…
-
Addie v. Onyx Coale, 179 So. 3d 534 (Fla. 4th DCA 2015)…ermining child support guidelines. See § 61.30(2)(a)9„ Fla. Stat. (2011) (stating that "[g]ross income shall include ... [s]pousal support received from a previous marriage or court ordered in the marriage before the court’'); see also Pike v. Pike, 932 So. 2d 229, 230 (Fla. 4th DCA 2005) (‘‘In a dissolution of marriage case such as this one, in which alimony is required because of the disparity in income between the parties, the court must first determine the amount of alimony and then, considering alimony a…
-
Christensen v. Christensen, 147 So. 3d 118 (Fla. 1st DCA 2014)…uch as this one, in which alimony is required because of the disparity in income between the parties, the court must first determine the amount of alimony and then, considering alimony as income, determine the amount of child support.” Pike v. Pike, 932 So. 2d 229, 230 (Fla. 4th DCA 2005); § 61.30(2)(a)9., Fla. Stat. (2012). Here, the trial court failed to include its award of alimony as part of Mrs. Christensen’s income when it calculated Mr. Christensen’s child support obligation. Moreover, the trial court…
Authorities Cited
- Cornett v. Cornett, 713 So. 2d 1083 (Fla. 2d DCA 1998)