Joseph v. Joseph, s. 95-1107

• Court: Florida District Court of Appeals
• Writing for the Court: POLEN; GUNTHER, C.J., and FARMER
• Citation: Joseph v. Joseph, 681 So.2d 888 (Fla. App. 1996)
• Decision Date: 23 October 1996
• Docket Number: 95-1766 and 95-2916,Nos. 95-1107,s. 95-1107
• Parties: 21 Fla. L. Weekly D2288 Seth P. JOSEPH, Appellant, v. Renee C. JOSEPH, Appellee. Fourth District

Page 888

681 So.2d 888

21 Fla. L. Weekly D2288

Seth P. JOSEPH, Appellant, v. Renee C. JOSEPH, Appellee.

Nos. 95-1107, 95-1766 and 95-2916.

District Court of Appeal of Florida,

Fourth District.

Oct. 23, 1996.

John Beranek of Macfarlane Ausley Ferguson & McMullen, Tallahassee, and Michael

J. Carbo of Ferrero & Middlebrooks, Fort Lauderdale, for appellant.

Harvey A. Nussbaum of Beiner & Nussbaum, P.A., Boca Raton, and Jane Kreusler-Walsh of Jane Kreusler-Walsh, P.A., West Palm Beach, for appellee.

POLEN, Judge.

The former husband appeals from a final judgment of dissolution of marriage, a final order on attorney's fees and costs, and a final order holding him in contempt. We reverse various aspects of the alimony and child support awards, as well as the order holding the husband in contempt.

Appellant is an attorney who was employed at Baker & Mackenzie, an international law firm, at the time of the final hearing. In 1993, he received a base salary of $150,000 and a bonus of almost $150,000 as well. In 1994, the former husband received only his $150,000 base salary, in spite of the fact that he billed and collected more than $600,000. The former husband's 1994 salary was the lowest in the last six years. In a clear attempt to be fair to both parties by not imputing income to the former husband, but not short-changing the former wife, the trial court awarded the former wife twenty-five percent (25%) of any gross bonus the husband receives in the years in which she receives alimony and/or child support. Seven percent (7%) of this award was allocated to child support and eighteen percent (18%) to alimony. Although we appreciate the trial court's attempts at equity and fairness, we reverse this aspect of the alimony and child support awards. Hamilton v. Hamilton, 552 So.2d 929 (Fla. 1st DCA 1989) (provision of final judgment awarding as permanent periodic alimony 50% of the former husband's future net annual raises and 35% of his future bonuses based solely on increase in husband's income were improper as allowing for award modification without determination of change in wife's need). There is no evidence in the record to support a finding that the former husband will receive such a bonus; nor is there evidence of what the wife's and children's needs will be when and if such a bonus is received. We note, however, that our opinion is not intended to prevent the former wife from availing herself of the court's modification jurisdiction should the husband receive a bonus, and should the wife be...