Imputed Income Becomes Key Issue in Florida Divorce Trial

What is imputed income? Essentially, it is income that is attributed to a party because they don’t have to pay for something. As an example, an individual who owns their own home outright can be imputed income based on the fact that they don’t have to pay rent. In the case of Goodman v. Goodman, the question of imputed income was at the center of how much alimony or spousal maintenance the husband would have to pay to his former wife.

The former wife filed a petition for the dissolution of marriage in 2013. She sought, among other things, alimony and child support payments paid by the former husband. The former husband responded with a counter-petition. The trial court saw fit to enter an order requiring the former husband to pay child support and alimony. After the trial, the trial court entered a Final Judgment of Dissolution of Marriage that:

• Imputed certain income to the former wife
• Found that the former wife had a need of $10,000 per month and that $3,500 could be met from other sources
• Awarded the former wife durational alimony in the amount of $6,500 per month for 8 years

Both parties would appeal this judgment. The former wife raised numerous issues related to the durational alimony award, including that the income that was imputed to her was not supported by the record or any evidence.

On appeal, the appeals court upheld in part and reversed in part the trial court’s decision. The appeals court found no error in the award of durational alimony to the wife or the imputation of income. However, there were related matters that the appeals court thought the trial court should address on remand. The appeals court found that the former wife was correct to the extent that she sought retroactive alimony amounts and that the trial court did not issue any determinations on whether or not she had a need for alimony or the former husband had the ability to pay.

Analysis

An alimony award is determined based on two separate factors that a trial court must consider when granting the award to a petitioner. In the case of alimony, the court must find that the petitioner for alimony has a genuine need for the money. The court must also establish that the payer of alimony has the ability to pay the costs associated with spousal maintenance. In the case mentioned above, the former wife balked at being imputed income in the amount of $3,500 a month. She appealed the decision of the court, but the appeals court found that the income was imputed correctly and no error existed. Hence, she was stuck with an alimony award of $6,500 a month.

Talk to a Tampa, FL Divorce Lawyer Today 

Concerned about whether or not you will be awarded alimony? Call the Tampa family lawyers at Westchase Law, P.A. today to schedule an appointment, and learn more about how we can help with matters such as equitable distribution, spousal maintenance (alimony), child custody, and child support.

Source:

casetext.com/case/goodman-v-goodman-129?q=dissolution%20of%20marriage%202023&jxs=fl&sort=relevance&p=1&type=case&tab=keyword