Florida Court Addresses Imputed Income And Contested Alimony

When the Florida courts make a decision regarding alimony, it is necessary for the court to review the economic status of the parties involved. This includes their income, earnings ability, and financial requirements. However, when such factors are not substantiated by adequate proof, the decision can be appealed. In this article, we’ll discuss a case dealing with a contested alimony award. 

Background of the case 

The aforementioned case is one where the dispute started due to divorce proceedings. The trial court had to establish the proper amount of support for the parties. With that in mind, the court issued an order concerning child support and alimony.

During the proceedings, the trial court considered the employment situation and earnings of the parties. The question arose as to whether one of the spouses was earning fully. The court found that this spouse was able to make more money than they were making at that point in time. This resulted in the court imputing income to the spouse.

Imputation of income can be done if the court finds that the person is voluntarily underemployed. However, it should be based on competent evidence that proves that this person can work and earn certain wages.

The paying spouse claimed that there was no evidence but rather, the court speculated on his earning capacity. For that reason, the payer filed a direct appeal to the Fourth District Court of Appeal. 

The appeal 

The Fourth District Court of Appeal focused on whether the trial court correctly applied the law in calculating the support obligations.

The appellate court clarified that it is necessary to base factual findings on substantial evidence for imputing income. In other words, there should be facts supporting the fact that a person can actually earn a certain sum. There are three basic facts that support imputing income in family cases. One of them includes evidence of previous earnings. Another fact involves proof of prevailing rates for similar work in the community. Finally, the court can impute income based on an expert witness’s testimony.

In this case, the appellate court found that the trial court did not provide enough evidence to justify assigning certain income to one spouse. In the absence of evidence that they had the ability to make more money, the court’s support calculation was incorrect and invalid.

It’s also important to note that there were certain discrepancies in the trial court’s order. In particular, some figures provided in the judgment did not correlate with those on the worksheet.

Therefore, due to the lack of legal substantiation and inconsistencies in the order, the appellate court overturned several provisions of the judgment. 

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