JOHN KEVIN VANZANT, APPELLANT/CROSS-APPELLEE,
v.
SHARON RENAE VANZANT, APPELLEE/CROSS-APPELLANT
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In this divorce appeal, the Florida District Court of Appeal reversed the trial court's equitable distribution of marital assets, valuation of a liquor store business, and awards of alimony and child support, finding the trial court abused its discretion by failing to provide adequate findings and relying on unsupported calculations.
The court reversed the equitable distribution, business valuation, and alimony/child support awards. The equitable distribution was improper because it resulted in an unjustified unequal split without adequate findings. The business valuation was erroneous because the trial court impermissibly split the difference between parties' valuations without evidentiary support. The alimony and child support awards were invalid because they were based on gross income figures rather than the required net income calculation.
[1] A trial court abuses its discretion in equitable distribution when the distribution is unequal without specific findings justifying the disparity.
[2] A trial court's valuation of an asset must be based on competent evidence and cannot be determined by 'splitting the difference' between parties' valuations.
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Join FLexlaw to unlock all legal intelligence“The distribution ordered by the trial court resulted in the former wife getting substantially more of the parties' net assets”
Establishes the unequal distribution that triggered abuse of discretion finding
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Join FLexlaw to unlock all legal intelligenceThe parties were divorcing and disputed the distribution of marital assets including real property, retirement accounts, and a liquor store business. …
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In this appeal of an amended final judgment of dissolution of marriage, the for*992mer husband challenges the trial court’s equitable distribution of the parties’ assets and liabilities and the amount of alimony and child support awarded.1 On cross-appeal, the former wife also challenges the amount of the alimony award and she raises two issues relating to the equitable distribution.2 For the reasons that follow, we reverse the equitable distribution and the alimony and child support awards and remand for further proceedings.
A review of the amended final judgment shows that the trial court abused its discretion in the equitable distribution of the parties’ assets and liabilities. The distribution ordered by the trial court resulted in the former wife getting substantially more of the parties’ net assets, as reflected in this table:3
Former Husband Former Wife
Real property $ 340,000 $ 248,000
Mortgage ($ 157,409) $ 0
Former wife’s 401(k) $ 0 $ 2,000
Former husband’s $ 23,703 $ 34,998 401(k)
TOTAL $ 206,294 $ 284,998
The amended final judgment does not include any findings to justify this unequal distribution, and it appears from the judgment that the trial court was attempting to divide the parties’ assets and liabilities equally but that it made an error in calculating an “offset” based on the mortgage debt distributed to the former husband. Accordingly, the equitable distribution must be reversed and remanded to the trial court either to make an equal distribution of the parties’ assets and liabilities or to make specific findings justifying the unequal distribution. See § 61.075(1), Fla. Stat.; see also Collinsworth v. Collinsworth, 624 So.2d 287, 288-89 (Fla. 1st DCA 1993).
The trial court also abused its discretion in valuing the liquor store business at $425,000.4 In the amended final judgment, the trial court does not explain how it arrived at the $425,000 valuation, and no evidence was presented to support this valuation. It appears that the trial court simply “split the difference” between the values presented by the parties.5 This was error. See Augoshe v. Lehman, 962 *993So.2d 398, 403 (Fla. 2d DCA 2007) (“The trial court’s valuation must be based on competent evidence and cannot be determined by ‘split[ting] the difference.’ ”) (quoting Solomon v. Solomon, 861 So.2d 1218, 1221 (Fla. 2d DCA 2003)); Spillert v. Spillert, 564 So.2d 1146 (Fla. 1st DCA 1990).
Accordingly, we reverse the trial court’s valuation of the liquor store business and the equitable distribution in the amended final judgment and remand for reconsideration. Because we are reversing the valuation of the business and the entire equitable distribution, we need not reach the two issues raised by the former wife on cross-appeal related to the equitable distribution. The trial court is free to consider those issues on remand.
Lastly, we reverse the alimony and child support awards because the awards appear to have been based on the trial court’s finding that the former husband’s net income was “between $4,879.76 and $4,754.76.” This finding is not supported by the record because these figures reflect the gross income shown on the former husband’s amended financial affidavit, not his net income. Because the record does not contain any competent substantial evidence to support the trial court’s finding concerning the former husband’s net income, and because the awards of alimony and child support depend in large part on the former husband’s net income, the awards must be reversed and remanded for reconsideration.6 See Canakaris v. Canakaris, 382 So.2d 1197, 1202 (Fla.1980) (awarding alimony is discretionary but court must determine a spouse’s ability to pay based on his net income); Chaney v. Fife, 18 So.3d 44, 45 (Fla. 1st DCA 2009) (“A trial court’s determination of a party’s net income must be supported by competent, substantial evidence.”); § 61.30(3)(a), Fla. Stat. (requiring child support to be calculated based on the parents’ net income). In determining the amount of alimony on remand, the trial court shall make specific findings as to the former wife’s need for alimony and the former husband’s ability to pay. See § 61.08(2), Fla. Stat. In determining the amount of child support on remand, the trial court shall make specific findings explaining how the award was calculated and justifying any material deviation from the guideline support amount. See § 61.30(1)(a), Fla. Stat.
AFFIRMED in part; REVERSED in part; and REMANDED for further proceedings consistent with this opinion.
THOMAS, WETHERELL, and SWANSON, JJ, concur.
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Kingsbury v. Kingsbury, 116 So. 3d 473 (Fla. 1st DCA 2013)…4,000 per month in alimony. Mr. Kingsbury argues on appeal that the trial court erred by failing to base the award of alimony on his net income. We agree. The ability to pay alimony should be based on the party’s net income. See Vanzant v. Vanzant, 82 So. 3d 991, 993 (Fla. 1st DCA 2011) (holding that trial court erred by using figures that represented gross income rather than net income); Vega v. Vega, 877 So. 2d 882, 883 (Fla. 3d DCA 2004) (noting that former spouse’s argument that alimony award should be…
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Ness v. Martinez, 249 So. 3d 754 (Fla. 1st DCA 2018)…ommended. Regarding the order on child support, we reverse and remand the lower court’s award. We review an award of child support to determine whether it is based on competent, substantial evidence of the parties’ net income. Vanzant v. Vanzant, 82 So. 3d 991, 993 (Fla. 1st DCA 2011); see also § 61.30, Fla. Stat. (providing for calculation of child support based on the parties’ net income, and explaining that net income is determined by subtracting allowable deductions from gross income). Here, the cour…
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Conlin v. Conlin, 212 So. 3d 487 (Fla. 2d DCA 2017)…limony must be based on the party’s net income. See Moore v. Moore, 157 So. 3d 435, 436 (Fla. 2d DCA 2015) (“An award of alimony must be based on the income that is available to the party, i.e., the party’s net monthly income.”); Vanzant v. Vanzant, 82 So. 3d 991, 993 (Fla. 1st DCA 2011) (citing Canakaris for the proposition that a court must determine ability to pay based on net income). The final judgment provides, in pertinent part: The [former husband] earns approximately $150,000 per year and his incom…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Stanford R. Solomon v. Sheila A.B. Solomon, 861 So. 2d 1218 (Fla. 2d DCA 2003)
- Collinsworth v. Collinsworth, 624 So. 2d 287 (Fla. 1st DCA 1993)
- Spillert v. Spillert, 564 So. 2d 1146 (Fla. 1st DCA 1990)
- Yovall Augoshe v. Lehman, 962 So. 2d 398 (Fla. 2d DCA 2007)
- Lucinda Lynn Chaney v. Fife, 18 So. 3d 44 (Fla. 1st DCA 2009)
- Skeens v. Ohio Med. Prods. & Liberty Mut. Ins. Co., 492 So. 2d 467 (Fla. 1st DCA 1986)
- Upton v. State, 492 So. 2d 467 (Fla. 1st DCA 1986)