116 So. 3d 473
Fla. Dist. Ct. App.2013Background
- Married in 1989; petition for dissolution filed May 2011.
- Parties operated Kevin Roberts Entertainment Agency, Inc. (KREA) with Kingsbury as minority owner and Kingsbury as operator; Kingsbury took over bookkeeping after petition.
- Kingsbury’s income argued as $140,000–$150,000; Kingsbury maintained KREA was sole income source; Kingsbury reportedly earned at least $140,000 while wife earned minimum wage.
- Trial court, March 2012, awarded Ms. Kingsbury permanent periodic alimony of $4,000/month based on gross income figures.
- Court failed to make specific net-income findings for Kingsbury; this appellate issue forms the basis to reverse alimony award.
- On remand, court must determine alimony based on net income and, if necessary, recalculate child support under § 61.30(l)(a).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether alimony must be based on net income | Kingsbury (husband) argues court erred by using gross income. | Kingsbury (wife) contends court should rely on net income to determine ability to pay. | Alimony award reversed; requires net-income-based findings on remand. |
| Whether remand requires recalculation of alimony and potentially child support | If net income shows insufficient ability to pay, recalculation is needed. | Remand should permit recalculation only if net income changes the amount. | Remand required for specific net-income findings; if appropriate, recalculate alimony and child support. |
Key Cases Cited
- Vanzant v. Vanzant, 82 So.3d 991 (Fla. 1st DCA 2011) (net income, not gross, is the relevant benchmark for alimony)
- Vega v. Vega, 877 So.2d 882 (Fla. 3d DCA 2004) (net income is the proper basis for alimony awards)
- Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980) (net income framework for alimony analysis)
- McCants v. McCants, 984 So.2d 678 (Fla. 2d DCA 2008) (need for explicit net-income calculation and explanation)
- Winney v. Winney, 979 So.2d 396 (Fla. 1st DCA 2008) (requirements for findings on recipient's need and obligor's ability to pay)
- Storey v. Storey, 979 So.2d 1057 (Fla. 2d DCA 2008) (recalculating child support in light of amended alimony)
- Cornett v. Cornett, 713 So.2d 1083 (Fla. 2d DCA 1998) (procedural need for coherent alimony net-income determination)
- Parham v. Parham, 385 So.2d 107 (Fla. 3d DCA 1980) (historical support for alimony computation methods)
- Blum v. Blum, 382 So.2d 52 (Fla. 3d DCA 1980) (economic factor considerations in alimony awards)