ROBERT JOSEPH WATFORD, APPELLANT,
v.
FONDA KAY WATFORD, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Former Husband appeals a final judgment awarding Former Wife alimony, equitable distribution, and attorney's fees in a dissolution of marriage case. The appellate court reverses and remands, finding the trial court committed multiple errors including failure to make adequate statutory findings, use of gross income instead of net income for alimony calculation, and insufficient findings regarding attorney's fees.
The court reversed and remanded because: (1) the Final Judgment lacked sufficient findings of fact addressing all section 61.08(2) statutory factors; (2) the trial court erroneously used gross income rather than net income in calculating alimony; (3) there was no evidence supporting a finding of intentional misconduct regarding the IRA withdrawal; and (4) the attorney's fees award lacked findings regarding Former Husband's ability to pay and the reasonableness of the hourly rate and hours expended.
[1] A trial court must make factual findings as to each statutory factor when awarding alimony.
[2] Net income, rather than gross income, is relevant when calculating alimony awards.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A final judgment is legally deficient where it fails to include sufficient findings of fact to support the alimony award in light of the section 61.08(2) factors.”
Establishes the requirement for detailed statutory findings in alimony awards
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe parties were married for sixteen years. Former Wife did not maintain steady employment during the marriage but performed with her band at bars and…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Alimony Award Factors cases and more on FLexlaw
Robert. Watford (“Former Husband”) appeals the Final Judgment of Dissolution of Marriage, challenging the trial court’s award of'alimóny to Fond'a Watford (“Former Wife”), equitable distribution, and award of attorney’s fees to Former Wife. We agree with his arguments and reverse.
The parties were married’ for sixteen years. Former Wife did not hold steady employment during the marriage,. buf sometimes performed with her band at bars arid restaurants. At the time of the trial, she had gone back to school and secured a part-time job with hopes of it turning into a full-time job. Former Husband operated his own air conditioning business. In 2014, Former Wife petitioned for dissolution of the marriage.' After a trial, the trial court entered the Final Judgment of Dissolution, finding Former Husband’s gross annual inconie was $86,500, and awarding Former Wife $1,200 a month in alimony for a period of ten years. Finding Former Husband had dissipated marital funds from the IRA, the trial court ordered him to pay Former Wife an extra $7,500 in equitable distribution from the early withdrawn IRA furids, in addition to the $8,067.39 that she. had already received from the IRA. The trial court also awarded attorney’s fees to Former Wife.
In awarding alimony, a trial court must “consider all relevant factors, including, but not limited to” those- listed in section 61.08. § '61.08(2), Fla. Stat. (2014). Here, the Firial Judgment did not include factual findings as to each 'of the factors listed in the statute.: See Gray v. Gray, 108 So.3d 962, 966 (Fla. 1st DCA 2012) (“A final judgment is legally deficient where it fails to include sufficient findings of fact to support the alimony award in light of the section 61.08(2); factors.”); There is no competent, substantial evidence supporting the finding that the Former Husband’s gross income was $86,500, and the trial court erroneously used Former, Husband’s gross income.as opposed to his net income in calculating alimony. See Rentel v. Rentel, 124 So.3d 993 (Fla. 4th DCA 2013) (“Net income rather than gross income is relevant.when calculating support awards, including alimony.”). Additionally, there was no evidence Former Husband’s withdrawal from the IRA resulted from intentional .misconduct. See Zvida v. Zvida, 103 So.3d 1052, 1055 (Fla. 4th DCA 2013).
As- to the award of attorney’s fees to Former Wife; while the trial court found she had the need for attorney’s fees, it did not make any findings as to Former Husband’s ability to'pay; or as to the reasonableness of the hourly rate and hours expended. Thus, the award of attorney’s fees to Former Wife was error.. See Rosen v. Rosen, 696 So.2d 697, 699 (Fla.1997).
Accordingly, because the trial court erred in making the above findings, we reverse and remand for the trial court to make all the necessary findings. On remand, the trial court will have to reevaluate Former Wife’s need for attorney’s fees and Former Husband’s ability to pay the fees. See Segall v. Segall, 708 So.2d 983, 989 (Fla. 4th DCA 1998) (“[WJhere ... the results of an appeal -materially change the parties’ abilities to pay, the issue of attor*995neys’ fees must be revisited upon remand to the trial court”).
jReversed and Remanded,
STEVENSON, GERBER and LEVINE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Marcie Koscher v. Koscher, 201 So. 3d 736 (Fla. 4th DCA 2016)…month; it certainly will be more than $100 per month. The trial court must make factual findings relative to all of the factors set forth in section 61.08(2), Florida Statutes (2016), in determining the proper amount of alimony. Watford v. Watford, 191 So. 3d 993, 994 (Fla. 4th DCA 2016); Ondrejack v. Ondrejack, 839 So. 2d 867, 870 (Fla. 4th DCA 2003). One of these factors is “[t]he earning capacities, educational levels, vocational skills, and employability of the parties.” § 61.08(2)(e), Fla. Stat. Another…
Authorities Cited
- Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997)
- Bart L. Segall v. Segall, 708 So. 2d 983 (Fla. 4th DCA 1998)
- Rami Zvida v. Sigalit Zvida, 103 So. 3d 1052 (Fla. 4th DCA 2013)
- Rentel v. Sun Rentel, 124 So. 3d 993 (Fla. 4th DCA 2013)