When a couple files for dissolution of marriage, a number of things arise that must be addressed prior to the divorce being finalized. While some couples must agree on child support and how their time is going to be split with their children, others are dealing with alimony and how it is going to be awarded. But, whenever a person is going through a divorce, it is always in their best interest to hire a Naples divorce attorney as they can assure their clients’ interests are protected and that the agreements being made are fair.
In a recent case that was handled by the divorce attorneys at Long & Alguadich in Naples, FL, we see why it is absolutely necessary for any divorcing party to retain a divorce lawyer. In this particular case, a former husband, who was represented by Long & Alguadich, was ordered to pay child support, alimony, and cover certain costs for major repairs made to the former marital home. However, there was a discrepancy that existed with the agreement and these family law attorneys were able to identify it. The issue dealt with the amount the ex-husband was required to pay his ex-wife as it wasn’t entirely accurate.
You see, when the couple filed for dissolution of marriage back in 2015, the husband was making $101,712, which equated to $8,476 a month. The court included his annual bonus of $133,332.64, which brought his monthly income to $19,583.33 and this amount was then used to determine the child support/alimony payment amount he would be required to give his ex-wife. Now, Florida Statute 61.30(2)does state that trial courts must consider bonuses in calculating a spouse’s income for purposes of child support, but the bonus the former husband was paid didn’t reflect one that would be “regular and continuous,” and therefore, should not have been used in the calculation of his total monthly income.
After the divorce lawyers at this firm dug a little deeper, they found that the former husband’s bonus dropped dramatically in 2014, which is the year the trial court should have relied on when determining alimony payments, etc. During this year, the former husband’s bonus was only $45,000, which was based on company profits and also reflected the loss of several major accounts his family-owned business. Clearly, there was a significant decline in how much the former husband was bringing in and based on the court documents, there was no evidence indicating that the former husband’s bonus would increase in the near future.
For that reason, the Naples, FL divorce lawyers requested the courts “reverse and remand for revaluation of the alimony and child support awards and for reconsideration of the feasibility of maintaining the marital residence.” With the help of these attorneys, this ex-husband will now get a chance to have his case revisited where a new calculation will be done using his current gross annual income to determine what he should be paying his ex-wife for child support, alimony, and repairs to the home they once owned together.
If you are preparing to file for divorce in Naples, FL or are dealing with a family-related matter that requires the attention of a knowledgeable divorce or child support lawyer, contact Long & Alguadich, PLLC.today at 239-316-1600.
You can reach Long & Alguadich, PLLC. at:
5185 Castello Drive., Ste. 2
Naples, FL 34103