Fusco v. Fusco

Pantaleo FUSCO, Appellant, v. Laura L. FUSCO, Appellee.

District Court of Appeal of Florida

Decided March 17, 1993.

Rehearing Denied April 27, 1993.

District Court of Appeal of Florida · decided 1993-03-17

Cited by 4 later decisions — most recently April 2004

4 state decisions

Relies on 588 So. 2d 638 - Polley v. Polley

Good law ✅— No negative treatment on recordhow we know

Decided 1993-03-17

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¶1Michael B. Davis of Law Offices of Davis, Isaacs, Stinson & Yeargin, P.A., West Palm Beach, for appellant.

¶2Diane M. Kirigin of Law Offices of Bosso, Bosso & Pardo, P.A., Riviera Beach, for appellee.

¶3PER CURIAM.

¶4We agree with appellant that the trial court erred in imputing additional income to him, other than his current actual income, and directing the payment of permanent alimony based upon such imputed income. Cf. Polley v. Polley,588 So.2d 638 (Fla. 3d DCA 1991). There is a lack of competent substantial evidence in the record to support this holding. We find an evidentiary basis in the record for all of the trial court's other awards.

¶5We remand with directions that the award of permanent alimony be deleted but that an award of nominal alimony be made, to protect the interests of the former wife should the appellant's income substantially improve in the future.

¶6ANSTEAD, POLEN and FARMER, JJ., concur.