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575 So. 2d 228

Smith v. Smith

District Court of Appeal of Florida

Decided January 25, 1991

District Court of Appeal of Florida · decided 1991-01-25

Key passage — most relied on by later courts

“contains a space for entry of `[b]usiness income from sources such as self-employment ... [and/or] close corporations... (gross receipts minus ordinary and necessary expenses required to produce income).'”

quoted by 1 later decision, including Yangco v. Yangco

“in determining a spouse's need or ability to pay. The court noted that the family law financial affidavit”

quoted by 1 later decision, including Yangco v. Yangco

Relies on Natkie v. State · 536 So. 2d 974 - Florida Bar v. Bell · 362 So. 2d 58 - Lutgert v. Lutgert

Good law ✅— No negative treatment on recordhow we know

Decided 1991-01-25

How this case has been cited

Cited by 7 later decisions — most recently June 2017

7 state decisions

30199120002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

RYDER, Acting Chief Judge.

¶1Josie H. Smith challenges the trial court’s final judgment of dissolution of marriage regarding the determination of the amount that James L. Smith is able to pay her alimony. We reverse that portion of the final judgment concerning the amount of alimony, and affirm the remainder of the judgment.

¶2James is the sole employee, officer, director and shareholder of James L. Smith, D.O., P.A. He is an anesthesiologist. James’ expert in accounting testified that the average gross income of the P.A. for the past four years was $360,000.00 per year. Josie testified that during the parties’ marriage they enjoyed a nice life-style spending $20,000.00 a month on living expenses.

¶3The financial affidavit form, as prescribed by our supreme court, contains a space for entry of “[bjusiness income from sources such as self-employment ... [and/or] close corporations ... (gross receipts minus ordinary and necessary expenses required to produce income).” In re Amendments to Rules of Civil Procedure, 536 So.2d 974, 987 (Fla.1988). The financial affidavits filed by James during the course of the dissolution proceedings represented “business income” to be approximately $13,000.00 to $14,000.00 per month, representing the amount of James’ salary which he received from the business. It is clear from'the financial affidavit form, as amended, that the supreme court intended both salary and business income (if applicable) to be disclosed and taken into con*229sideration by the trial court in determining a spouse’s need or ability to pay, as the case may be.

¶4Because James’ financial affidavit did not disclose information concerning his “business income” as defined on the form (gross receipts minus expenses), we find error as the trial court did not consider funds from this source in determining the amount of alimony to award Josie. Therefore, the case is reversed and remanded for a redetermination by the trial court of James’ ability to pay alimony. Upon remand, accounts receivable versus monies actually collected by the business should be taken into consideration in arriving at the “business income” figure disclosed in the financial affidavit.

¶5With regard to the issue raised concerning the trial court’s consideration of taxes on alimony, we invite the trial court to proceed under the teachings of Lutgert v. Lutgert, 362 So.2d 58 (Fla. 2d DCA 1978), cert. denied, 367 So.2d 1125 (Fla.1979).

¶6Reversed and remanded with directions.

FRANK and PARKER, JJ., concur.
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