Zalkin v. Zalkin
In consolidated appeals from a dissolution final judgment, the Fourth District reversed the alimony denial because the trial court never made threshold need-and-ability-to-pay findings on the parties' NET incomes before applying the section 61.08(3) factors, imputed salary income without evidence that a qualifying 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 sole/ultimate-decision-making parental responsibility 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 dissolved their marriage; the trial court denied alimony, awarded child support, and granted the husband sole parental responsibility with ultimate decision-making authority over the children.
- The trial court imputed salary income based on a teaching position without finding one was available and imputed investment income from retirement assets without finding withdrawals would not invade principal.
- +2 more key facts with a free trial
Why it matters
The opinion is a compact checklist of findings family-law trial courts must make: net-income-based need/ability analysis preceding the 61.08(3) factors, job-availability evidence before imputation, a… — full analysis with a trial
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