Florida Case Examines Errors in Alimony Awards
Alimony is one of the most contested issues in Florida divorce cases. The court has to strike a balance between the financial needs of one spouse and the other spouse’s financial capacity to pay. The court’s misapplication of the law or incorrect financial calculations can lead to an appeal against its decision. In this article, the Largo, FL, divorce lawyers at Cairns Law, P.A., will discuss a Florida family law case dealing with a contested alimony award.
Background of the case
The aforementioned case was a dissolution of marriage case from Florida. During the divorce, the trial court made several rulings on various financial issues, including the equitable distribution of assets and the granting of permanent periodic alimony to the wife.
The trial court found that the wife had a need for support and accordingly granted her permanent alimony. However, in determining the amount of alimony that the husband had to pay to the wife, the trial court based its decision on the husband’s financial information, including income and expenses.
The husband, however, opposed the ruling of the trial court. He claimed that the trial court made several mistakes in its final ruling, including those regarding the distribution of debts and income.
According to the husband, the trial court used his gross income to determine the amount of alimony he had to pay to his wife, but this was an error.
The appeal
The husband appealed the trial court’s decision to the Florida First District Court of Appeal. In appealing the case, the husband raised a variety of issues, one of which was the way that the trial court calculated his income, in addition to the way the trial court made its findings of fact to justify the alimony award.
In the State of Florida, a court is required to make specific findings in a case where alimony is awarded. A court must first determine whether one spouse in a divorce case has a need to receive alimony, in addition to whether the other spouse is in a position to pay it.
In this case, the appellate court analyzed the way in which the trial court made its calculations in the case, on top of the way in which the court made its findings of fact to justify the award. As a result, the appellate court noted that in the State of Florida, a court is required to calculate the spouse’s net income, as opposed to gross income, to determine whether they can, in fact, pay the alimony award.
The Florida First District Court of Appeal also reversed certain portions of the trial court’s decision, which included the decision on the alimony, and remanded the case for further action so the trial court could properly recalculate the finances of the couple and the decision on the alimony based on the proper standard.
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Cairns Law, P.A., represents the interests of Clearwater residents who are going through divorce. Call our Clearwater family lawyer today to schedule an appointment, and we can begin discussing your next steps right away.
Source:
casemine.com/judgement/us/5914e5d8add7b049349092ce
