Category Archives: Alimony

Florida courts will typically impute income any time they feel that the financial picture one or both parties represent is not accurate. The court may impute income either on its own or it can impute income at the request of one party.

If, at the time of dissolution, a spouse has recently lost the ability to pay alimony but may reacquire such ability in the future, it is proper for the court to award a nominal amount of alimony to the other spouse, reserving the right to modify the award later.

However, if the court imputes income to a party, it is inappropriate to award a nominal amount of alimony.

The purpose of imputed income is to determine the amount that a spouse is able to earn, above and beyond what the spouse actually earns.

Nominal alimony is therefore inappropriate when the payor spouse has the ability to pay more if he or she was to earn the amount the court has determined could be earned through diligent efforts.

Here at The Law Offices of Gary S. Dolgin, we will put our knowledge and 30 years of experience to work for you, whether you are seeking alimony or defending a claim against alimony.

Being Board Certified in Marital and Family Law as well as being a Supreme Court Certified Family Law Mediator sets Gary Dolgin apart. He will put his expertise to work for you and advocate for the best possible result in your alimony case.

To schedule an alimony consultation with Board Certified Expert in Marital and Family Law in Tampa, Gary S. Dolgin, please call (813) 999-2772, and it will be our pleasure to help you.

Learn more about alimony by visiting:
Tampa Alimony Lawyer – Gary S. Dolgin

Florida courts will typically impute income any time they feel that the financial picture one or both parties represent is not accurate. The court may impute income either on its own or it can impute income at the request of one party.

In Florida, it is well-settled that the court should impute income that could reasonably be earned on a former spouse’s liquid assets.

When a party receives an asset in equitable distribution that will result in immediate investment income, that income should not be excluded for purposes of determining alimony.

Moreover, when a spouse with underearning investments has the ability to generate additional earnings, without risk or loss or depletion of principal, but fails to do so, it is fair for the court to impute a more reasonable rate of return to the underearning assets, comparable to a prudent use of investment capital.

Here at The Law Offices of Gary S. Dolgin, we will put our knowledge and 30 years of experience to work for you, whether you are seeking alimony or defending a claim against alimony.

Being Board Certified in Marital and Family Law as well as being a Supreme Court Certified Family Law Mediator sets Gary Dolgin apart. He will put his expertise to work for you and advocate for the best possible result in your alimony case.

To schedule an alimony consultation with Board Certified Expert in Marital and Family Law in Tampa, Gary S. Dolgin, please call (813) 999-2772, and it will be our pleasure to help you.

Learn more about alimony by visiting:
Tampa Alimony Attorney – Gary S. Dolgin

Florida courts will typically impute income any time they feel that the financial picture one or both parties represent is not accurate. The court may impute income either on its own or it can impute income at the request of one party.

In Florida, income should not be imputed to a parent who must stay home from work to care for his or her disabled child(ren).

Here at The Law Offices of Gary S. Dolgin, we will put our knowledge and 30 years of experience to work for you, whether you are seeking alimony or defending a claim against alimony.

Being Board Certified in Marital and Family Law as well as being a Supreme Court Certified Family Law Mediator sets Gary Dolgin apart. He will put his expertise to work for you and advocate for the best possible result in your alimony case.

To schedule an alimony consultation with Board Certified Expert in Marital and Family Law in Tampa, Gary S. Dolgin, please call (813) 999-2772, and it will be our pleasure to help you.

Learn more about alimony by visiting:
Alimony Attorney Tampa – Gary S. Dolgin

Florida courts will typically impute income any time they feel that the financial picture one or both parties represent is not accurate. The court may impute income either on its own or it can impute income at the request of one party.

In Florida, it is improper to impute income to an unemployed party based on the speculation that employment will soon be found. Berger v. Berger,201 So.3d 819 (Fla. 4th DCA 2016); Ruiz v. Ruiz, 821 So.2d 1112 (Fla. 3d DCA 2002). If income is imputed, the recipient spouse may be entitled to rehabilitative or bridge-the-gap alimony until he or she becomes employed. Hollister v. Hollister, 965 So.2d 341 (Fla. 2d DCA 2007).

When there is insufficient evidence to determine the amount to impute, a presumption arises based on the spouse’s historical earnings; however, this presumption can be rebutted by the spouse to whom income is imputed. Lafferty v. Lafferty, 134 So.3d 1142 (Fla. DCA 2014).

It is impermissible to impute income to a party based on previous earnings that were only derived by illegal activity such as driving a truck more than the legal number of hours per week. Abbott v. Abbott, 832 So.2d 964 (Fla. 2d DCA 2002). Conversely, it is error to impute a reduction in income to a party based on speculation that a business will not be as productive in the future. LaSala v. LaSala, 806 So.2d 602 (Fla. 4th DCA 2002).

Income from a second job may be considered for alimony purposes. If the second job later ends, modification may be appropriate. Hollinger v. Hollinger, 684 So.2d 286 (Fla. 3d DCA 1996).

Here at The Law Offices of Gary S. Dolgin, we will put our knowledge and 30 years of experience to work for you, whether you are seeking alimony or defending a claim against alimony.

Being Board Certified in Marital and Family Law as well as being a Supreme Court Certified Family Law Mediator sets Gary Dolgin apart. He will put his expertise to work for you and advocate for the best possible result in your alimony case.

To schedule an alimony consultation with Board Certified Expert in Marital and Family Law in Tampa, Gary S. Dolgin, please call (813) 999-2772, and it will be our pleasure to help you.

Learn more about alimony by visiting:
Divorce Attorney Tampa For Alimony – Gary S. Dolgin

Florida courts will typically impute income any time they feel that the financial picture one or both parties represent is not accurate. The court may impute income either on its own or it can impute income at the request of one party.

For example, in determining alimony, when a party causes the termination of his or her employment, the trial court may impute income to that party.

Here at The Law Offices of Gary S. Dolgin, we will put our knowledge and 30 years of experience to work for you, whether you are seeking alimony or defending a claim against alimony.

Being Board Certified in Marital and Family Law as well as being a Supreme Court Certified Family Law Mediator sets Gary Dolgin apart. He will put his expertise to work for you and advocate for the best possible result in your alimony case.

To schedule an alimony consultation with Board Certified Expert in Marital and Family Law in Tampa, Gary S. Dolgin, please call (813) 999-2772, and it will be our pleasure to help you.

Learn more about alimony by visiting:
Divorce Attorney Tampa For Alimony – Gary S. Dolgin

Employment income can be imputed to a spouse in determining alimony, but there must be competent, substantial evidence to support specific findings of fact regarding the source and amount of the income.

The spouse claiming income should be imputed to his or her voluntarily unemployed or underemployed spouse bears the burden of proof of employability and that jobs are available.

The court may impute income if a party has no income or insufficient earnings upon a showing that there is a capability to earn more by the use of more diligent efforts.

Here at The Law Offices of Gary S. Dolgin, we will put our knowledge and 30 years of experience to work for you, whether you are seeking alimony or defending a claim against alimony.

Being Board Certified in Marital and Family Law as well as being a Supreme Court Certified Family Law Mediator sets Gary Dolgin apart. He will put his expertise to work for you and advocate for the best possible result in your alimony case.

To schedule an alimony consultation with Board Certified Expert in Marital and Family Law in Tampa, Gary S. Dolgin, please call (813) 999-2772, and it will be our pleasure to help you.

Learn more about alimony by visiting:
Alimony Payments Lawyer Tampa Bay – Gary S. Dolgin

If future gift income of the receiving spouse is shown to be speculative, it should not be considered in an alimony calculation. Gardner v. Gardner, 692 So.2d 245 (Fla. 1st DCA 1997). See Vorcheimer v Vorcheimer, 780 So.2d 1018 (Fla. 4th DCA 2001).

However, gifts from the husband’s family received regularly throughout the marriage and relied on for support, were properly considered income in Ordini v. Ordini, 701 So.2d 663 (Fla. 4th DCA 1997).

Here at The Law Offices of Gary S. Dolgin, we will put our knowledge and 30 years of experience to work for you, whether you are seeking alimony or defending a claim against alimony.

Being Board Certified in Marital and Family Law as well as being a Supreme Court Certified Family Law Mediator sets Gary Dolgin apart. He will put his expertise to work for you and advocate for the best possible result in your alimony case.

To schedule an alimony consultation with Board Certified Expert in Marital and Family Law in Tampa, Gary S. Dolgin, please call (813) 999-2772, and it will be our pleasure to help you.

Learn more about alimony by visiting:
Tampa Spousal Support Lawyer- Gary S. Dolgin

The court must consider both salary and business income in an alimony calculation, including business income from a professional association and other income from Schedule E of IRS Form 1040.

In addition, stock options may be considered by the trial court as a candidate for possible inclusion as income available to a party after determining ability to pay.

Here at The Law Offices of Gary S. Dolgin, we will put our knowledge and 30 years of experience to work for you, whether you are seeking alimony or defending a claim against alimony.

Being Board Certified in Marital and Family Law as well as being a Supreme Court Certified Family Law Mediator sets Gary Dolgin apart. He will put his expertise to work for you and advocate for the best possible result in your alimony case.

To schedule an alimony consultation with Board Certified Expert in Marital and Family Law in Tampa, Gary S. Dolgin, please call (813) 999-2772, and it will be our pleasure to help you.

Learn more about alimony by visiting:
Tampa Alimony Lawyer- Gary S. Dolgin

There are several considerations that the court takes into account when determining alimony for a divorcing couple. One of these considerations is:

Just as the recipient spouse should not be required to diminish assets to be self-supporting, neither should the payor spouse have to sell assets to pay alimony.

Here at The Law Offices of Gary S. Dolgin, we will put our knowledge and 30 years of experience to work for you, whether you are seeking alimony or defending a claim against alimony.

Being Board Certified in Marital and Family Law as well as being a Supreme Court Certified Family Law Mediator sets Gary Dolgin apart. He will put his expertise to work for you and advocate for the best possible result in your alimony case.

To schedule an alimony consultation with Board Certified Expert in Marital and Family Law in Tampa, Gary S. Dolgin, please call (813) 999-2772, and it will be our pleasure to help you.

Learn more about alimony by visiting:
Tampa Alimony Attorney – Gary S. Dolgin

In determining a party’s ability to pay, the Court may consider net worth, past earnings, and the value of the parties’ assets, as well as current income.

The ability to pay should be based on a party’s net income, not gross income.

This includes actual overtime pay, income from part-time employment, and voluntary contributions to 401(k) plans.

Here at The Law Offices of Gary S. Dolgin, we will put our knowledge and 30 years of experience to work for you, whether you are seeking alimony or defending a claim against alimony.

Being Board Certified in Marital and Family Law as well as being a Supreme Court Certified Family Law Mediator sets Gary Dolgin apart. He will put his expertise to work for you and advocate for the best possible result in your alimony case.

To schedule an alimony consultation with Board Certified Expert in Marital and Family Law in Tampa, Gary S. Dolgin, please call (813) 999-2772, and it will be our pleasure to help you.

Learn more about alimony by visiting:
Alimony Attorney Tampa – Gary S. Dolgin