Appeals Court Overturns Alimony Ruling After Miscalculation Based On Gross Income

In the case of Parker v. Parker, a wife appealed the decision of the trial court which awarded her durational alimony for a period of five years. The wife believed that she was short-changed due to a miscalculation in how alimony was determined. The Florida courts award alimony in many divorce cases. There are several criteria for determining the amount and duration of the alimony payments. Generally, the court will consider the needs of the individual requesting alimony against the ability of the other party to pay. A recent Florida appeals court decision established that alimony should be calculated based on the parties’ net—not gross—income. In this article, the Tampa, FL divorce lawyers at Faulkner Law Group, PLLC will discuss the decision and how it was reached.

Background of the case 

The husband and wife were married with one minor child. The wife filed for divorce in 2019, and the parties entered into a partial mediated settlement. While the agreement resolved most issues between the couple, it did not address the matter of alimony, placing the issue before the court.

The court later held a hearing to address the remaining issues not covered by the mediation settlement. Ultimately, the court awarded the wife durational alimony for a period of five years. The wife, feeling short-changed by the award, appealed the trial court’s decision.

During the appeal, the wife argued that the trial court erred when it calculated alimony based on the couple’s gross (rather than net) income. The appeals court agreed with the wife’s argument and remanded the issue for further proceedings.

The appeals court explained that the wife was correct and that alimony awards must be calculated based on the income available to each party. This method of calculation is established by legal precedent. In the case mentioned above, the final judgment clearly indicated that the trial court erroneously used the couple’s gross incomes to determine the need and ability to pay alimony.

The husband had argued that it was unclear, based on the lack of a complete transcript, how the court calculated alimony payments. However, the appeals court ruled that the error was evident based on the record, and the judgment clearly stated that the court used the couple’s gross income to calculate alimony payments. The court ordered the alimony determination reversed and the matter remanded to the lower court.

Analysis 

In Florida, alimony is calculated based on the couple’s net—not gross—income. In the case mentioned above, the trial court erred in calculating alimony which ultimately caused the wife to be short-changed in the award. The appeals court corrected the issue and ultimately, a new alimony award was calculated by the court.

Talk to a Tampa, FL Family Law Attorney Today 

Faulkner Law Group, PLLC represents the interests of Tampa, FL residents in divorce proceedings. We can help you with every stage of your divorce and represent your interests throughout the process. Call our Tampa family lawyers today to schedule an appointment, and we can discuss your next steps right away.