SEAN P. MCCANN, APPELLANT,
v.
HILLARY A. CRUMBLISH-MCCANN, APPELLEE
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Sean McCann appeals a trial court order awarding $1,500 per month in temporary alimony to his wife. The appellate court affirmed the trial court's imputation of $1,000 in monthly income based on rent-free housing but reversed the alimony award as exceeding his ability to pay, remanding for recalculation of a reasonable amount.
The court affirmed the imputation of $1,000 in monthly income based on the mother's testimony of ongoing rent-free housing and the husband's own listing of $1,000 monthly rent expense. However, the court reversed the $1,500 monthly temporary alimony award as exceeding the husband's ability to pay, as it would leave him with a several-hundred-dollar monthly deficit even excluding luxury vehicle payments.
[1] A trial court's award of temporary alimony will not be reversed for the absence of statutory findings in the written order where competent, substantial evidence demonstra…
[2] A trial court may impute income to a party based on the value of rent-free housing provided by a family member, even if the value is not explicitly stated, if the record…
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Join FLexlaw to unlock all legal intelligence“Trial courts have broad discretion to award temporary alimony.”
Establishes the standard of review and deference to trial court decisions on alimony matters
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Join FLexlaw to unlock all legal intelligenceSean McCann's mother provided him with rent-free housing. McCann's financial affidavit listed monthly gross income of $3,113 (net $2,733.34) and month…
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Sean McCann appeals a nonfinal order awarding $1500 per month in temporary alimony to his wife, Hillary Crumblish-McCann. He contends that the trial court failed to make specific findings about the wife’s needs and his ability to pay. He also claims that the trial court incorrectly imputed $1000 in monthly income to him. We affirm, in part, and reverse, in part.
Trial courts have broad discretion to award temporary alimony. See Driscoll v. Driscoll, 915 So.2d 771, 773 (Fla. 2d DCA 2005). Where competent, substantial evidence demonstrates need and ability to pay, we will not reverse for absence of statutory findings in the written order. See id.; Broadfoot v. Broadfoot, 791 So.2d 584, 585 (Fla. 3d DCA 2001); see also Gonzalez v. Gonzalez, 834 So.2d 291, 292 (Fla. 3d DCA 2002) (holding specific findings not necessary where record adequately supports amount awarded).
The trial court imputed income of $1000 per month to the husband because his mother provides rent-free housing. The husband argues that there is no evidence as to the value of the housing or that the free housing will continue. See Meighen v. Meighen, 813 So.2d 173, 176 (Fla. 2d DCA 2002); Rogers v. Rogers, 824 So.2d 902, 903 (Fla. 3d DCA 2002). However, the mother’s testimony that she was not charging anything for housing is sufficient evidence of ongoing free rent. The husband’s financial affidavit also listed his monthly rent expense as $1000. The record contains ample evidence to support the imputation of income.
The husband also argues that the temporary award exceeds his ability to pay. His financial affidavit reflects monthly gross income as $3113. After taxes, his net income is $2733.34. Adding the imputed income raises his net income to $3733.34. The husband’s affidavit reflects monthly expenses, including rent, as $3994.14; this leaves a $260.80 deficit, before paying any support for the wife or children. We note that the husband’s monthly expenses include over $1332 for payments on a new Corvette and for another vehicle, a Tahoe.
Our review of the husband’s financial information establishes that even without the automobile payments, the husband, facing a $1500 per month temporary alimo*172ny payment, would still have a several-hundred-dollar monthly deficit. Thus, the temporary award exceeds his ability to pay. See Hotaling v. Hotaling, 962 So.2d 1048, 1051 (Fla. 2d DCA 2007) (holding trial court abused discretion in ordering temporary support that virtually exhausted husband’s income); Barclay v. Barclay, 554 So.2d 1191, 1192 (Fla. 2d DCA 1989) (holding award exceeded ability to pay with $5666 gross earnings and $3278 mortgage payments leaving $2388 before paying $2500 alimony and child support); De Luca v. De Luca, 722 So.2d 947, 948 (Fla. 3d DCA 1998) (finding abuse of discretion in ordering husband to pay alimony and child support in excess of net income).
We reverse and remand with instructions to determine a reasonable amount of temporary support for the wife.
NORTHCUTT and VILLANTI, JJ., Concur.
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Mills v. Johnson, 147 So. 3d 1023 (Fla. 2d DCA 2014)…affidavit, appellant’s monthly net income is $3,380.41. After deducting his average monthly expenses from his net income, including the $1400 alimony, appellant is left with a deficiency of $818.59 per month.”); see also McCann v. Crumblish-McCann, 21 So. 3d 170, 172 (Fla. 2d DCA 2009) (holding that the trial court abused its discretion in ordering temporary alimony that exceeded the husband’s ability to pay); Hotaling v. Hotaling, 962 So. 2d 1048, 1051 (Fla. 2d DCA 2007) (same). Additionally, the magistra…
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Atef Aziz v. Shereen Aziz, 45 So. 3d 975 (Fla. 2d DCA 2010)…n order, as in this case, this court will not reverse if the temporary award is supported by competent, substantial evidence in the record that demonstrates the need for support and the paying spouse’s ability to pay. See McCann v. Crumblish-McCann, 21 So. 3d 170, 171 (Fla. 2d DCA 2009); Driscoll, 915 So. 2d at 773; Piluso v. Piluso, 622 So. 2d 117, 118 (Fla. 4th DCA 1993).4 Here, we must reverse the temporary awards of alimony and child support because the amount of the awards appears to exceed the amount…
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Suarez v. Suarez, 284 So. 3d 1083 (Fla. 4th DCA 2019)…rsible error.” Geoghegan v. Geoghegan, 969 So. 2d 482, 485 (Fla. 5th DCA 2007). However, courts will not reverse where the record contains competent, substantial evidence to support the need and ability to pay alimony. McCann v. Crumblish-McCann, 21 So. 3d 170, 171 (Fla. 2d DCA 2009). The trial court orally found: ---PAGE 6--- 6 The circumstances which has caused [the former wife’s company] to drastically lose income are, in fact, permanent. . . . . And these changes are involuntary as the former wif…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Broadfoot v. Rocio E. Broadfoot, 791 So. 2d 584 (Fla. 3d DCA 2001)
- Hotaling v. Hotaling, 962 So. 2d 1048 (Fla. 2d DCA 2007)
- Driscoll v. Celeste Driscoll, 915 So. 2d 771 (Fla. 2d DCA 2005)
- Rogers v. Rogers, 824 So. 2d 902 (Fla. 3d DCA 2002)
- Barclay v. Barclay, 554 So. 2d 1191 (Fla. 2d DCA 1989)
- DE Luca v. de Luca, 722 So. 2d 947 (Fla. 3d DCA 1998)
- Miami-Dade Cnty. v. Gerry Goodine, 813 So. 2d 173 (Fla. 3d DCA 2002)
- Meighen v. Meighen, 813 So. 2d 173 (Fla. 2d DCA 2002)
- Gonzalez v. Aurora Gonzalez, 834 So. 2d 291 (Fla. 3d DCA 2002)