Waldera v. Waldera
In a dissolution appeal, the Third DCA reversed a final judgment because the trial court determined the former husband's income based solely on one anomalous year (2016) despite eight years of tax returns showing far higher historical earnings, and because it imputed $3,250/month gross income to the stay-at-home, homeschooling former wife on inadequate expert testimony. The court held a presumption arises from historical earnings that a spouse can continue to earn the same amount absent rebutting evidence, and that the husband's non-recurring oil-spill income did not rebut that presumption.
Key facts
- Husband and wife dissolved their marriage; trial court calculated husband's income based solely on 2016 tax returns showing anomalous oil-spill earnings despite eight prior years of substantially higher historical earnings.
- Trial court imputed $3,250/month gross income to stay-at-home mother who homeschooled the child based on forensic accountant testimony, despite accountant never meeting the mother, lacking knowledge of her age and work history, and identifying only three potential employers.
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Why it matters
The opinion is a useful compilation of the evidentiary standards for both calculating a payor's income and imputing income to a stay-at-home spouse, and it squarely applies the 'historical earnings' presumption from… — full analysis with a trial
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