District Court of Appeal of Florida· 8/3/1999
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 CourtListenerCited by
26 cases in this archive cite this case; the 20 most cited are listed.
- Woolf v. WoolfDistrict Court of Appeal of Florida· 2005-04-20· cited 29×
- Rabbath v. FaridDistrict Court of Appeal of Florida· 2009-03-17· cited 26×
- Ghay v. GhayDistrict Court of Appeal of Florida· 2007-04-13· cited 24×
- Freilich v. FreilichDistrict Court of Appeal of Florida· 2005-03-04· cited 24×
- Vitalis v. VitalisDistrict Court of Appeal of Florida· 2001-11-16· cited 23×
- Leonard v. LeonardDistrict Court of Appeal of Florida· 2008-01-07· cited 18×
- Burkley v. BurkleyDistrict Court of Appeal of Florida· 2005-09-30· cited 17×
- Gray v. GrayDistrict Court of Appeal of Florida· 2012-12-17· cited 13×
- Stebbins v. StebbinsDistrict Court of Appeal of Florida· 2000-04-25· cited 12×
- Saporta v. SaportaDistrict Court of Appeal of Florida· 2000-08-02· cited 12×
- Batson v. BatsonDistrict Court of Appeal of Florida· 2002-06-28· cited 9×
- Bronson v. BronsonDistrict Court of Appeal of Florida· 2001-09-05· cited 7×
- Cerra v. CerraDistrict Court of Appeal of Florida· 2002-05-31· cited 7×
- Vriesenga v. VriesengaDistrict Court of Appeal of Florida· 2006-06-14· cited 4×
- Ponce v. PonceDistrict Court of Appeal of Florida· 2008-10-15· cited 4×
- Esad Kurtanovic, Husband v. Zineta Kurtanovic, WifeDistrict Court of Appeal of Florida· 2018-05-25· cited 4×
- Burroughs v. BurroughsDistrict Court of Appeal of Florida· 2006-02-27· cited 3×
- Marriage of Parnell v. ParnellCourt of Civil Appeals of Oklahoma· 2010-06-25· cited 3×
- Koscher v. KoscherDistrict Court of Appeal of Florida· 2016-09-21· cited 3×
- Joye v. JonesDistrict Court of Appeal of Florida· 2001-07-13· cited 3×
Cites
25 cases in this archive are cited by this case; the 20 most cited are listed.
- Canakaris v. CanakarisSupreme Court of Florida· 1980-03-27· cited 2,288×
- Desilets v. DesiletsDistrict Court of Appeal of Florida· 1979-11-30· cited 33×
- Jones v. JonesDistrict Court of Appeal of Florida· 1994-05-11· cited 25×
- Maddux v. MadduxDistrict Court of Appeal of Florida· 1986-10-08· cited 23×
- Kovar v. KovarDistrict Court of Appeal of Florida· 1994-12-14· cited 21×
- Scapin v. ScapinDistrict Court of Appeal of Florida· 1989-08-15· cited 21×
- Polley v. PolleyDistrict Court of Appeal of Florida· 1991-10-22· cited 20×
- Platt v. PlattDistrict Court of Appeal of Florida· 1958-06-03· cited 20×
- Wendroff v. WendroffDistrict Court of Appeal of Florida· 1993-02-17· cited 18×
- Work v. ProvineDistrict Court of Appeal of Florida· 1994-03-07· cited 17×
- Thilem v. ThilemDistrict Court of Appeal of Florida· 1995-10-25· cited 17×
- Dyer v. DyerDistrict Court of Appeal of Florida· 1995-07-12· cited 13×
- Satter v. SatterDistrict Court of Appeal of Florida· 1998-05-28· cited 12×
- Huntley v. HuntleyDistrict Court of Appeal of Florida· 1991-05-03· cited 11×
- Stodtko v. StodtkoDistrict Court of Appeal of Florida· 1994-05-03· cited 10×
- Edwards v. SandersDistrict Court of Appeal of Florida· 1993-08-10· cited 9×
- Kartzmark v. KartzmarkDistrict Court of Appeal of Florida· 1998-04-01· cited 9×
- Arouza v. ArouzaDistrict Court of Appeal of Florida· 1995-12-06· cited 8×
- Alon v. AlonDistrict Court of Appeal of Florida· 1996-01-03· cited 8×
- Gallant v. GallantDistrict Court of Appeal of Florida· 1985-05-08· cited 7×
Sourced from CourtListener / Free Law Project (CC0).
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