From Casetext: Smarter Legal Research

Lascaibar v. Lascaibar

District Court of Appeal of Florida, Third District
Jul 19, 1995
658 So. 2d 170 (Fla. Dist. Ct. App. 1995)

Summary

holding that "the amount attributed [to the former husband], $50,000.00 per annum, was far less than the sum indisputably shown to have been earned by the husband during the course of the marriage"

Summary of this case from Waldera v. Waldera

Opinion

No. 94-3046.

July 19, 1995.

Appeal from the Circuit Court for Dade County, Eugene J. Fierro, J.

Spiegelman and Spiegelman and Robert Spiegelman, Miami, for appellant.

No appearance for appellee.

Before SCHWARTZ, C.J., and BASKIN and LEVY, JJ.


The judgment below approving the general master's report with respect to child support is reversed because (1) while income was correctly imputed to the father because of the unrebutted showing that he had deliberately abandoned a lucrative optometric practice apparently solely in order to deprive his wife and children of his ability to support them, Pimm v. Pimm, 601 So.2d 534 (Fla. 1992), the amount attributed, $50,000.00 per annum, was far less than the sum indisputably shown to have been earned by the husband during the course of the marriage. Accordingly, we increase the amount of attributed income to $80,000.00 per annum. (2) On the other side of the coin, the record does not support the attribution of $20,000.00 per year to the former wife who had not been employed for over five years prior to the final hearing and since the birth of the first of her two children. Since we are informed that she has since become employed, the issue of her income should be addressed after remand.

We also find clear error in the master's and trial court's refusal to consider applications to require the husband to make support payments and to hold him in contempt for not doing so.

In accordance with these holdings, the judgment under review is reversed and the cause remanded to (a) recompute the child support award under the guidelines on the basis of $80,000.00 per year in income attributed to the husband, and an amount to be determined in post-remand proceedings in income to the wife and (b) for the prompt disposition of the applications for enforcement of the outstanding support orders.


Summaries of

Lascaibar v. Lascaibar

District Court of Appeal of Florida, Third District
Jul 19, 1995
658 So. 2d 170 (Fla. Dist. Ct. App. 1995)

holding that "the amount attributed [to the former husband], $50,000.00 per annum, was far less than the sum indisputably shown to have been earned by the husband during the course of the marriage"

Summary of this case from Waldera v. Waldera
Case details for

Lascaibar v. Lascaibar

Case Details

Full title:NIVIA LASCAIBAR, APPELLANT, v. ALBERT A. LASCAIBAR, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jul 19, 1995

Citations

658 So. 2d 170 (Fla. Dist. Ct. App. 1995)

Citing Cases

Lascaibar v. Lascaibar

We agree. The trial court specifically found Albert Lascaibar had "willfully, intentionally and…

Waldera v. Waldera

Mata v. Mata, 185 So. 3d 1271, 1272-73 (Fla. 3d DCA 2016). See Garfield v. Garfield, 58 So. 2d 166, 167-68…