LEVY v. LEVY
So. 3d (Fla. 3d DCA 2024) 49 FLW D527 (3/6/2024)
FOR THE TRIAL COURT TO FACTOR BOTH THE IN-KIND PAYMENTS REPRESENTED BY THE WIFE’S BROTHER’S PROVIDING THE WIFE WITH A RENT-FREE APARTMENT AND THE GIFTS OF HER BOYFRIEND INTO THE WIFE’S FUTURE INCOME, THE TRIAL COURT MUST DETERMINE THAT THESE PAYMENTS ARE REGULAR AND EXPECTED. THE TRIAL COURT MAY IMPUTE THE VALUE OF BOTH THE BOYFRIEND’S AND THE BROTHER’S GIFTS TO WIFE AS INCOME IF THE GIFTS ARE CONTINUING AND ONGOING, NOT SPORADIC, AND WHERE THE EVIDENCE SHOWS THAT THE GIFTS WILL CONTINUE IN THE FUTURE.
The absence of any testimony that the gifts will or are likely to continue into the foreseeable future necessitates a remand for the development of additional evidence and findings.
WHERE THE COURT DENIED THE WIFE’S REQUEST FOR INTERIM ATTORNEY’S FEES AND COSTS DUE TO THE WIFE’S MISCONDUCT, THE COURT MUST QUANTIFY THE VALUE OF THE MISCONDUCT AND THE AMOUNT THAT SHOULD BE DEDUCTED FROM INTERIM FEES.