Zalkin v. Zalkin
In consolidated appeals from a dissolution judgment, the Fourth District reversed the alimony denial because the trial court failed to make specific need/ability-to-pay findings based on net income before applying the section 61.08(3) factors, improperly imputed salary income without proof that a job was available, and imputed investment income without finding the withdrawals would not invade principal. The court also reversed the child support award, vacated the post-notice-of-appeal order amending the final judgment for lack of jurisdiction, and reversed the parental responsibility/timesharing award for lack of a detriment finding, while affirming the denial of the wife's attorney's fees based on the husband's inability to pay.
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Key facts
- Husband and wife disputed alimony, child support, and parental responsibility/timesharing in a dissolution case; the trial court denied alimony, awarded child support, granted shared parental responsibility with the husband having ultimate decision-making authority, and denied the wife's attorney's fees request.
- The trial court imputed gross income to the wife based on a teaching position without evidence the job was available, imputed retirement income without finding withdrawals would not invade principal, and failed to make specific net-income need/ability-to-pay findings before applying statutory factors.
- +2 more key facts with a free trial
Why it matters
The opinion is a usable checklist of the findings a trial court must make before denying alimony or imputing income: net-income findings first, evidence that jobs are actually available, a no-invasion-of-principal… — full analysis with a trial
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