Michelle Bork v. Jeff D. Bork

District Court of Appeal of Florida

Michelle Bork v. Jeff D. Bork

197 So. 3d 1290, 2016 Fla. App. LEXIS 13347, 2016 WL 4608080

CourtDistrict Court of Appeal of Florida

DecidedSeptember 6, 2016

Docket1D15-4384

StatusPublished

This text of 197 So. 3d 1290 (Michelle Bork v. Jeff D. Bork) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Michelle Bork v. Jeff D. Bork, 197 So. 3d 1290, 2016 Fla. App. LEXIS 13347, 2016 WL 4608080 (Fla. Ct. App. 2016).

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Opinion

PER CURIAM.

In this appeal, the former wife, Michelle Bork, appeals from the trial court’s rulings on the duration and amount of alimony and on attorney’s fees in the final judgment dissolving her fourteen-year marriage with the former husband, Jeff Bork. We affirm on all issues except the amount of the alimony award. As argued by the former wife, the face of the record reflects a clear error in the financial information utilized by the trial court in setting the alimony amount. The trial court found that the former husband’s net income was $7,052.88 based on his June 23, 2015, amended Financial Affidavit. However, this net amount is the result of a deduction of the temporary alimony award to the former wife in the amount of $3,500. Since the temporary alimony award was in place only until the final hearing, the former husband’s net monthly income should have been adjusted and increased by the temporary award amount before calculating the former wife’s alimony amount. As a result, the trial court’s finding concerning the former husband’s net monthly income is not supported and requires reversal.

Accordingly, we reverse and remand for correction and further consideration as to the appropriate alimony amount to be awarded to the former wife.

AFFIRMED in part, REVERSED AND REMANDED in part.

RAY, MAKAR, and OSTERHAUS, JJ., concur.

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PER CURIAM.

In this appeal, the former wife, Michelle Bork, appeals from the trial court’s rulings on the duration and amount of alimony and on attorney’s fees in the final judgment dissolving her fourteen-year marriage with the former husband, Jeff Bork. We affirm on all issues except the amount of the alimony award. As argued by the former wife, the face of the record reflects a clear error in the financial information utilized by the trial court in setting the alimony amount. The trial court found that the former husband’s net income was $7,052.88 based on his June 23, 2015, amended Financial Affidavit. However, this net amount is the result of a deduction of the temporary alimony award to the former wife in the amount of $3,500. Since the temporary alimony award was in place only until the final hearing, the former husband’s net monthly income should have been adjusted and increased by the temporary award amount before calculating the former wife’s alimony amount. As a result, the trial court’s finding concerning the former husband’s net monthly income is not supported and requires reversal.

Accordingly, we reverse and remand for correction and further consideration as to the appropriate alimony amount to be awarded to the former wife.

AFFIRMED in part, REVERSED AND REMANDED in part.

RAY, MAKAR, and OSTERHAUS, JJ., concur.

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Bluebook (online)

197 So. 3d 1290, 2016 Fla. App. LEXIS 13347, 2016 WL 4608080, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michelle-bork-v-jeff-d-bork-fladistctapp-2016.