Fusco v. Fusco, 92-0796
| Decision Date | 17 March 1993 |
| Docket Number | No. 92-0796,92-0796 |
| Citation | 616 So.2d 86 |
| Parties | 18 Fla. L. Week. D736 Pantaleo FUSCO, Appellant, v. Laura L. FUSCO, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from the Circuit Court for Palm Beach County; Virginia Gay Broome, Judge.
Michael B. Davis of Law Offices of Davis, Isaacs, Stinson & Yeargin, P.A., West Palm Beach, for appellant.
Diane M. Kirigin of Law Offices of Bosso, Bosso & Pardo, P.A., Riviera Beach, for appellee.
We agree with appellant that the trial court erred in imputing additional income to him, other than his current actual income, and directing the payment of permanent alimony based upon such imputed income. Cf. Polley v. Polley, 588 So.2d 638 (Fla. 3d DCA 1991). There is a lack of competent substantial evidence in the record to support this holding. We find an evidentiary basis in the record for all of the trial court's other awards.
We remand with directions that the award of permanent alimony be deleted but that an award of nominal alimony be made, to protect the interests of the former wife should the appellant's income substantially improve in the future.
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