Alvarez-Reyes v. Fernandez-Gil

Summary

The Florida Third District Court of Appeal affirmed a final judgment dissolving the marriage of Nelson Alvarez-Reyes and Idia Fernandez-Gil. The court upheld the trial court’s findings of voluntary underemployment, imputation of income, and its award of permanent periodic alimony, concluding that the judgment was supported by competent substantial evidence and did not constitute an abuse of discretion.

Holdings

1. A trial court may impute income to a spouse found to be voluntarily unemployed or underemployed based on the spouse's demonstrated earning capacity, and the imputation determination will be upheld when supported by competent substantial evidence.
2. The trial court did not abuse its discretion in awarding permanent periodic alimony where it considered the statutory factors, weighed the recipient spouse's need against the payor spouse's ability to pay, and articulated the bases for its determination.

Questions Presented

1. Whether competent substantial evidence supported the trial court's finding that Alvarez-Reyes was voluntarily underemployed and its resulting imputation of income.
2. Whether the trial court abused its discretion in awarding Fernandez-Gil permanent periodic alimony after considering the statutory factors, the parties' respective need and ability to pay, and the stated bases for the award.

Disposition

affirmed