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Smith v. Smith

Citations

  • 737 So. 2d 641
  • 1999 WL 560268

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the trial court may impute income to voluntarily unemployed or underemployed spouse for attorney's fee purposes
  • holding that husband's psychological disability from Vietnam was outweighed by two decades of Merchant Marine employment in which he eventually earned over $100,000 annually
  • recognizing that a persons capacity to earn is a matter to be considered in calculating an appropriate award of alimony
  • holding that in determining actual income for purposes of awarding alimony, the trial court must set forth factual findings regarding a spouse's probable and potential level of earnings, the source of actual and imputed income, and any adjustments to income
  • holding these factors must be considered for purposes of determining amount imputed for child support, alimony and attorney's fee awards
  • noting: “A trial court can impute income where a spouse has failed to use his or her best efforts to earn income” and “we shall not disturb any [such] ruling that is supported by the evidence and satisfies the general test of reasonableness”

Source: CourtListener parenthetical corpus (CC0).

Judges: Browning

Read full opinion on CourtListener

Cited by

26 cases in this archive cite this case; the 20 most cited are listed.

Cites

25 cases in this archive are cited by this case; the 20 most cited are listed.

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