KEVIN P. STOREY, APPELLANT,
v.
DIANA W. STOREY, APPELLEE
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The trial court erred by including children's expenses in calculating the wife's alimony need, resulting in double-counting with child support; the court reversed and remanded for recalculation of alimony without children's expenses and subsequent recalculation of child support.
Alimony awards must be calculated without including children's expenses to avoid double-counting with child support.
[1] Alimony awards must be calculated without including children's expenses to avoid double-counting with separately awarded child support; alimony is determined first, then…
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Join FLexlaw to unlock all legal intelligence“By considering these expenses in calculating the alimony, the trial court double counted child support.”
Court explaining the error in the trial court's methodology
The trial court awarded the wife $2000 per month in alimony and $187 per month in child support, basing the alimony award on the wife's financial affi…
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LaROSE, Judge.
Kevin P. Storey (the Husband) appeals the amended final judgment of dissolution of his marriage to Diana W. Storey (the Wife). The trial court erroneously included the children’s expenses in determining the Wife’s need for alimony. Consequently, we reverse.
The trial court awarded the Wife $2000 per month in alimony and $187 per month in child support. The Wife’s financial affidavit, on which the trial court based its award, includes monthly children’s expenses of $1370; the Husband’s financial affidavit reflects only $459. By considering these expenses in calculating the alimony, the trial court double counted child support. To avoid this result, the alimony award must be recalculated. See Levine v. Levine, 964 So. 2d 741, 742 (Fla. 4th DCA 2007). We reverse and remand with directions that the trial court determine alimony without including the children’s expenses. Child support must then be recalculated in light of the amended alimony-amount. See § 61.30(2)(a)(9), Fla. Stat. (2005); Cornett v. Cornett, 713 So. 2d 1083, 1085 (Fla. 2d DCA 1998) (stating trial court must first determine alimony and then, considering alimony as income, determine child support).
Reversed and remanded with directions.
WALLACE, J., and LOGAN, PAUL E„ Associate Judge, Concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Mobley v. Mobley, 18 So. 3d 724 (Fla. 2d DCA 2009)…s without the benefit of a presumption for or against alimony.” Id. at 608. We also note for purposes of remand that alimony is considered first and then factored into the child support determination. See § 61.30(2)(a)(9), (3)(g); Storey v. Storey, 979 So. 2d 1057, 1058 (Fla. 2d DCA 2008); Cornett v. Cornett, 713 So. 2d 1083, 1085 (Fla. 2d DCA 1998) (“[I]n citing the enhanced child support award as a basis to deny alimony the trial court has put the cart before the horse.”). The trial court stated as an addit…
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Kingsbury v. Kingsbury, 116 So. 3d 473 (Fla. 1st DCA 2013)…dings consistent with this opinion. LEWIS, CLARK, and RAY, JJ„ concur. . On remand, if the trial court amends the award of alimony, it must also recalculate child support consistent with section 61.30(1)(a), Florida Statutes. See Storey v. Storey, 979 So. 2d 1057, 1058 (Fla. 2d DCA 2008) (instructing trial court to recalculate child support in light of amended alimony award) (citing Cornett v. Cornett, 713 So. 2d 1083, 1085 (Fla. 2d DCA 1998)). . For example, Mr. Kingsbury listed his income in 2011 as $130,…
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LIN v. LIN, 37 So. 3d 941 (Fla. 2d DCA 2010)…3d 180, 182 (Fla. 2d DCA 2009) (reversing alimony award when the court considered the daughter’s expenses in determining alimony and also in determining child support, thus resulting in a double pay [*943] ment of these expenses); Storey v. Storey, 979 So. 2d 1057, 1057-58 (Fla. 2d DCA 2008) -(reversing alimony award that was calculated by including the children’s expenses even though those expenses had already been included in the child support award); Coniglio v. Coniglio, 969 So. 2d 579, 580 (Fla. 4th DCA…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cornett v. Cornett, 713 So. 2d 1083 (Fla. 2d DCA 1998)
- Levine v. Levine, 964 So. 2d 741 (Fla. 4th DCA 2007)