ATHEA v. ATHEA
So. 3d (Fla. 3d DCA 2024) 49 FLW D1148 (5/29/2024)
EVEN THOUGH THE WIFE HAD A MASTER’S DEGREE IN ENGINEERING, IT WAS ERROR TO IMPUTE $40,000 PER YEAR INCOME TO THE WIFE WHERE THE HUSBAND DID NOT PRESENT EVIDENCE OF THE PREVAILING EARNINGS LEVEL IN THE COMMUNITY. NOR DID THE COURT MAKE PARTICULARIZED FINDINGS REGARDING THE WIFE’S WORK HISTORY, OCCUPATIONAL QUALIFICATIONS, AND THE CURRENT JOB MARKET IN THE COMMUNITY TO SUPPORT THE IMPUTATION OF INCOME TO THE WIFE.
The wife testified that she could earn $10 per hour. The court should have imputed income to the wife based upon that testimony and the DCA remanded to the trial court to calculate upon a gross income of $20,800 per year. The husband’s accountant’s testimony that the wife could earn $40,000 per year was insufficient evidence to impute that amount to the wife where the accountant testified that she was not a vocational expert, she did not have information on the availability of specific jobs in the area for which the wife qualified, she did not have any analysis of the current local job market and she did not have information on prevailing wages in the community.