Aрpellant Kevin John Kingsbury (Mr. Kingsbury) appeals a final judgment of dissolution of marriage to Diana Shanсe Kingsbury (Ms. Kingsbury). Mr. Kings-bury raises numerous issues on appeal related to the trial court’s award of periodic permanent alimony and equitable distribution of marital assets. Because the trial сourt failed to make a finding of Mr. Kingsbury’s net income, we reverse the award of alimony and remand for further findings.
The parties were married in 1989 and Ms. Kingsbury filed a petition for dissolution of marriage in May 2011. The parties were self-employed by Kevin Roberts Entertainment Agency, Inc. (KREA), a booking agency that represented artists and provided entertainment to nightclubs, casinos, festivals, and bars. Ms. Kingsbury wаs the majority shareholder (51%) and Mr. Kingsbury was the minority shareholder (49%). Ms. Kingsbury maintained the books and Mr. Kingsbury was responsible for booking the acts. KREA was the sole source of income for both parties. After Ms. Kingsbury filed the petition for dissolution, Mr. Kingsbury assumed control of the bookkeeping and continued to operate KREA. Ms. Kingsbury, however, was only able to secure a job making minimum wage.
The trial court granted Ms. Kingsbury’s petition for dissolution of marriage in March 2012. In its final order, the trial court awarded, among other things, permanent periodic alimony to Ms. Kings-bury. The trial court found that Mr. Kingsbury’s “annual gross incоme [was] approximately $140,000” and that he “ha[d] the capacity of earn [sic] at leаst $150,000 per year.” The trial court also found that Ms. Kingsbury “ha[d] the ability to earn just a little more than minimum wage.” As such, Ms. Kingsbury was awarded $4,000 per month in alimony. Mr. Kingsbury argues on appeal that the trial court erred by failing to base the award of alimony on his net income. We agree.
The ability to pay аlimony should be based on the party’s net income. See Vanzant v. Vanzant,
Here, the only mention in the final judgment of Mr. Kingsbury’s income, and
In arriving at Mr. Kingsbury’s net income, the trial court must “make specific findings as to the former wife’s need for alimony and the former husband’s ability to pay. See § 61.08(2), Fla. Stat.” Vanzant,
Accordingly, the trial court’s award of alimony is reversed. On remand, the trial court is instructed to make specific findings as to Mr. Kingsbury’s ability to pay аlimony based on his net income. If the trial court determines that, based on Mr. Kingsbury’s net income, he is unable to pay $4,000 per month in alimony, the trial court must also recalculate child support consistent with section 61.30(l)(a).
AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opinion.
Notes
. On remand, if the trial court amends the award of alimony, it must also recalculate child support consistent with section 61.30(1)(a), Florida Statutes. See Storey v. Storey,
. For example, Mr. Kingsbury listed his income in 2011 as $130,249.56, but Ms. Kings-bury testified that his income was at least $140,000 per year. In Ms. Kingsbury's financial affidavit she listed Mr. Kingsbury's 2010 income as $86,790 and her income as $67,710, but the parties’ 2010 joint income tax return listed a total income of $112,580 and adjusted grоss income of $95,897. Ms. Kingsbury testified, without any supporting documentation, that KREA's gross profit from 2006 to 2010 was incоrrectly calculated because half of the expenses that were written off as business expenses were actually personal expenses, and thus should be credited for purposes of calculating Mr. Kingsbury’s annual income.
