KARL RENTEL, APPELLANT,
v.
SUN RENTEL, APPELLEE
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The appellant, Karl Rentel (“husband”), appeals the final judgment of dissolution of marriage to the appellee, Sun Rentel (“wife”). He raises five issues on appeal, all of which revolve around the alimony awarded to the wife. One of the five issues has merit and requires discussion. The husband argues that the trial court erred by not making findings regarding net income. We agree.
Net income rather than gross income is relevant when calculating support awards, including alimony. Kingsbury v. Kingsbury, 116 So.3d 473, 474-75 (Fla. 1st DCA 2013); Vega v. Vega, 877 So.2d 882, 883 (Fla. 3d DCA 2004); Shrove v. Shrove, 724 So.2d 679, 682 (Fla. 4th DCA 1999). Because it is not apparent that the trial court based its alimony calculations on net income, we reverse and remand to make the required findings and to modify the award if necessary. See Kingsbury, 116 So.3d at 475. The court may hold an evidentiary hearing if it needs additional evidence to make the required findings. See Warren v. Warren, 629 So.2d 1079, 1080 (Fla. 3d DCA 1994).
Reversed and remanded for further proceedings in accordance with this opinion.
WARNER, CIKLIN and GERBER, JJ., concur.
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Conlin v. Conlin, 212 So. 3d 487 (Fla. 2d DCA 2017)…figure to account for the former husband’s net income, or at least his net annual bonus, the record before us simply does not clearly demonstrate that the alimony award was based on the former husband’s net income as required. See Rentel v. Rentel, 124 So. 3d 993, 994 (Fla. 4th DCA 2013) (“Because it is not apparent that the trial court based its alimony calculations on net income, we reverse and remand to make the required findings and to modify the award if necessary.”); see also McCants v. McCants, 984 So…
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Julia v. Julia, 263 So. 3d 795 (Fla. 4th DCA 2019)…al court reversibly erred when it based the alimony award amount on the husband’s gross income, rather than his net income. “Net income rather than gross income is relevant when calculating support awards, including alimony.” Rentel v. Rentel, 124 So. 3d 993, 994 (Fla. 4th DCA 2013). We reverse and remand to permit the trial court to make the required findings regarding net income and modify the alimony award, if necessary. See id. (reversing alimony award and remanding for trial court to determine…
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FOX v. FOX, 262 So. 3d 789 (Fla. 4th DCA 2018)…quoting Simmons v. Simmons , 979 So. 2d 1063, 1064 (Fla. 1st DCA 2008) ).3 But we had previously addressed this same issue and reached the opposite conclusion. See, e.g. , Badgley v. Sanchez , 165 So. 3d 742 (Fla. 4th DCA 2015) ; Rentel v. Rentel , 124 So. 3d 993 (Fla. 4th DCA 2013) (per curiam); Mondello v. Torres , 47 So. 3d 389 (Fla. 4th DCA 2010) ; Aguirre v. Aguirre , 985 So. 2d 1203 (Fla. 4th DCA 2008) ; Dorsett v. Dorsett , 902 So. 2d 947 (Fla. 4th DCA 2005). Our holding in Farghali conflicts with th…1 / 2
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Shrove v. Shrove, 724 So. 2d 679 (Fla. 4th DCA 1999)
- Kingsbury v. Kingsbury, 116 So. 3d 473 (Fla. 1st DCA 2013)
- Vega v. Vega, 877 So. 2d 882 (Fla. 3d DCA 2004)
- Martin v. State, 629 So. 2d 1079 (Fla. 3d DCA 1994)
- State v. Kindelan, 629 So. 2d 1079 (Fla. 3d DCA 1994)