MERRI MELODY HUNTLEY, APPELLANT,
v.
FRANK DEWYATT HUNTLEY, APPELLEE

Fla. 1st DCA | 1991-05-03
No. 90-2501
ERVIN, JOANOS and MINER, JJ, concur.
578 So. 2d 890 Florida District Court of Appeal, First District (1991) Positive Treatment
Cited by 22 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

In this dissolution of marriage appeal, the First District Court of Appeal reversed and remanded portions of the trial court's judgment regarding alimony, child support, and attorney's fees, finding that the trial judge erred in calculating the parties' respective incomes and in failing to account for the husband's superior earning capacity and the depletion of marital assets due to his drug addictions.


Holding

The court held that: (1) the trial judge erred in imputing income to the wife based on her pre-illness earning capacity, and erred in failing to deduct federal income taxes from her disability income; (2) income may properly be imputed to the husband based on his earning capacity; (3) the wife is entitled to permanent periodic alimony of at least $750 per month given her special needs, the husband's superior financial resources, her poor health, and the devastating effects of his addictions; (4) the lump sum award from the sale of the marital home to the wife is affirmed as justified; (5) the pension distribution must be reconsidered with evidence of actual values; and (6) the court must reconsider attorney's fees based on corrected income calculations.


Headnotes

[1] Alimony determinations must consider the needs of one spouse and the ability of the other spouse to meet those needs.

[2] Income may be imputed to a former spouse for alimony and child support purposes based on earning capacity, even if difficult to establish its source.

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Key Quotes

“In determining alimony obligations, the primary criteria are the needs of one spouse and the ability of the other spouse to meet those needs.”

Establishes the fundamental legal standard for determining alimony that the trial judge failed to properly apply.

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Facts & Procedural History

The parties married in 1979 when both were in their early twenties and possessed AA degrees. The wife worked as an airline reservationist earning $22,…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from a final judgment of dissolution of marriage following four hearings in which the evidence was often unintelligible and conflicting. The former wife asserts that the trial judge erred in refusing to award her sufficient lump sum alimony, any rehabilitative or permanent periodic alimony, or attorneys’ fees. Finding merit in her arguments, we reverse in part and affirm in part.

A careful consideration of the overall scheme fashioned by the trial judge1 indicates that he was influenced by his findings that the parties were similar in age, education, and income, and that family resources were not dissipated by the husband’s drug addictions. However, some of these findings are not supported by the record.

In determining alimony obligations, the primary criteria are the needs of one spouse and the ability of the other spouse to meet those needs. Wright v. Wright, 577 So. 2d 1355 (Fla. 1st DCA 1991); Harrison v. Harrison, 573 So. 2d 1018 (Fla. 1st DCA 1991); Scapin v. Scapin, 547 So. 2d 1012 (Fla. 1st DCA 1989). Although the parties are of similar age and education, the record does not support the finding that they have similar earning capacities.

The parties were married in 1979, when they were both in their early twenties. They both earned AA degrees and began working for their present employers, the wife earning $22,000 as an airline reserva-tionist and the husband earning $21,500 as head of maintenance for his father’s convenience store company. He earned a real estate license in 1981 and began working in the family company’s real estate department. He continued working for his father's affiliated companies, but developed several drug addictions, including a cocaine addiction. In 1987, after having been repeatedly hospitalized for his addictions, he was fired from his job with his father’s company and found work as a route man for a peanut distributor. The parties were separated in November 1987. In 1989 the husband was rehired by his father, and by September 1989 he was earning $32,000.

By 1986, the wife was capable of earning $32,000, but she was not able to work full-time because of time spent ministering to her husband’s addictions. By 1987, she was not working at all, due to her contraction of chronic mononucleosis, and was receiving $22,000 in disability income. The record clearly shows that her ability to earn has been involuntarily limited by her husband’s addiction and by her chronic physical illness, both of which caused her to take leaves of absence to care for the minor children, denied her the required rest essential to her recovery, and forced her to forego management opportunities.

In finding that the parties have similar earning capacities, the trial judge apparently imputed to the wife the income she would have received had it not been for her illness and her husband’s addictions, both circumstances beyond her control. See § 61.30(2)(b), Fla.Stat. (1987). He also refused to deduct federal income taxes from her gross monthly income, because he found that she had not yet been required to pay the taxes. In this respect he erred as a matter of law, because her disability income is subject to federal taxation. § 61.30(3)(a), Fla.Stat. (1987); 26 U.S.C.A. §§ 105 (1986) and 104 (1990). The wife’s actual net monthly income is therefore about $400 less than the judge contemplated.

While income may not be imputed to the wife in this case, it clearly may be imputed to the husband. Income is liberally defined as any payment to an individual, regardless of source. See Section 61.046, Florida Statutes (1987); Zipperer v. Zipperer, 567 So. 2d 916 (Fla. 1st DCA 1990). Income may be imputed to a former spouse for purposes of awarding alimony and child support, even if it is difficult to establish its source, and even where the obligation imposed entirely exhausts actual income. Scapin, 547 So. 2d at 1013. The trial court may consider earning capacity as well as actual salary, impute an income according to what it determines the spouse could earn by use of his best efforts, and on that basis enter a support award as if the spouse were in fact earning the income so imputed. Id.

This record demonstrates that the husband can earn and actually does earn substantially more than the wife, and that during the marriage he received other income from his father in addition to his salary, so that he has the ability to pay a much greater proportion of the established needs of the minor children and the wife than determined below. The trial judge also erred in finding that marital resources were not dissipated by the husband’s drug addictions. It is of no moment that some of the depletions were, in effect, neutralized by gratuitous payments of family expenses made by the husband’s father. Given the special circumstances involved in this case, we find that the wife is entitled to an equitable share of all the marital assets, including those dissipated by the husband’s addictions. The lump sum award to the wife of the net proceeds from the sale of the marital home was clearly justified, given the apparently precarious nature of the husband’s employment status. Absent such an award, shelter and transportation for the children and the wife would continue to be subject to the husband’s'drug addictions. We therefore affirm the lump sum award, but suggest that the trial judge, in refashioning his overall dissolution plan, may wish to consider increasing the amount of that award in order to achieve a true equitable distribution of the marital assets.

The trial judge awarded the parties their respective pensions, based upon his assumption that they were of equal value because the parties had been employed for similar periods of time with similar incomes. Nowhere does the record indicate the value of the wife’s pension. The judge’s assumption is therefore not based upon competent substantial evidence. On remand, he shall reconsider this award, and may take additional evidence for the limited purpose of establishing the amount of the wife’s pension.

Because the determination of each party’s income must be corrected and because earning capacity is an essential factor to be considered, the trial judge on remand should also revisit the wife’s request for permanent periodic alimony.

In determining whether to award rehabilitative or permanent periodic alimony upon dissolution, the trial court is free to consider any factor necessary to do equity and justice between the parties. § 61.08(2), Fla.Stat. (1987). We consider this to be an extraordinary ease in which the wife has clearly demonstrated special needs. The standard of living established during the marriage, the husband’s superi-or financial resources, the wife’s poor health, and the devastating effects the husband’s addictions have had on the marital resources weigh heavily in favor of an award of permanent periodic alimony. See § 61.08(2), Fla.Stat. (1987). We find that the evidence would support an award of at least $750 per month to provide for the wife’s needs as established during the marriage.

The record indicates that the parties’ combined net annual income likely exceeds $50,000 and that the recommended child support guidelines of section 61.30, Florida Statutes (1987), may not apply, as in Harrison. We therefore direct the trial judge on remand to reconsider the child support award, consistent with Harrison.

Reconsideration of the parties’ incomes will also require reconsideration of each party’s ability to pay attorney’s fees. The judge’s finding that neither party has sufficient assets to pay the respective attorneys’ fees is not based upon competent substantial evidence. He found that some of the wife’s attorneys’ fees had been paid from the sale of the marital home. However, this conflicts with the wife’s undisputed testimony that she borrowed the money from her father, and with the judge’s award to the wife of all the proceeds from the sale of the marital home. On remand, the judge shall reconsider attorneys’ fees and determine the parties’ financial abilities to pay the fees based only upon their financial resources. See Bromante v. Bromante, 577 So. 2d 662 (Fla. 1st DCA 1991).

That portion of the final judgment dissolving the parties’ marriage and awarding the proceeds from the sale of the marital home to the wife as lump sum alimony is AFFIRMED. The remaining determinations which depend upon the recalculation of each party’s net monthly income are REVERSED. On remand, the trial judge shall redetermine each party’s net monthly income, reconsider the property distribution, award the wife permanent periodic alimony, reconsider the child support award in light of the parties’ recalculated incomes, and reconsider attorneys’ fees.

ERVIN, JOANOS and MINER, JJ, concur. . Canakaris v. Canakaris, 382 So. 2d 1197, 1202 (Fla.1980):

The judge possesses broad discretionary authority to do equity between the parties and has available various remedies to accomplish this purpose, including lump-sum alimony, permanent periodic alimony, rehabilitative alimony, child support, a vested special equity in property, and an award of exclusive possession of property. As considered by the trial court, these remedies are interrelated; to the extent of their eventual use, the remedies are part of one overall scheme. It is extremely important that they also be reviewed by appellate courts as a whole, rather than independently.

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Citator

Cited By (11 total)

  • Rabbath v. Hala M. Farid, 4 So. 3d 778 (Fla. 1st DCA 2009)
    …d is based on Appellee’s demonstrated need and Appellant’s ability to pay, the reversal of the imputed income amount compels a reversal of the amount awarded for attorney’s fees and costs and a remand for further proceedings. See Huntley v. Huntley, 578 So. 2d 890, 893 (Fla. 1st DCA 1991) (noting that reconsideration of parties’ incomes in a dissolution of marriage proceeding would require reconsideration of each party’s ability to pay attorney’s fees). It may well be that the trial court’s reconsideration o…
  • Polley v. Polley, 588 So. 2d 638 (Fla. 3d DCA 1991)
    …ns, and prevailing earnings level in the community....” § 61.30(2)(b), Fla.Stat. (1989). It did not do so. Accordingly, we hold that the trial court erred in failing to impute income to the husband for child-support purposes. See Huntley v. Huntley, 578 So. 2d 890 (Fla. 1st DCA 1991); Scapin v. Scapin, 547 So. 2d 1012 (Fla. 1st DCA 1989); Bielecki v. Bielecki, 505 So. 2d 546 (Fla. 3d DCA), review dismissed, 511 So. 2d 297 (Fla.1987); Ward v. Ward, 502 So. 2d 477 (Fla. 3d DCA 1987); Maddux v. Mad-dux, 495 So.…
  • Glover v. Glover, 601 So. 2d 231 (Fla. 1st DCA 1992)
    …1986). We reverse that part of the final judgment awarding the parties their own respective retirement benefits and remand for additional evidence and appropriate findings of fact consistent with our holdings in Moon, DeLoach and Huntley v. Huntley, 578 So. 2d 890 (Fla. 1st DCA 1991). Section 61.075(1), Florida Statutes (1989), requires the trial court to “set apart to each spouse that spouse’s nonmarital assets and liabilities” and to “distribute between the parties the marital assets and liabilities in suc…

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