Spotts v. Spotts

• Court: Florida District Court of Appeals
• Writing for the Court: MILLS; McCORD; BOYER; BOYER
• Citation: Spotts v. Spotts, 355 So.2d 228 (Fla. App. 1978)
• Decision Date: 24 February 1978
• Docket Number: No. FF-480,FF-480
• Parties: Nelson Lee SPOTTS, Appellant, v. Linda Lou SPOTTS, Appellee.

Page 228

355 So.2d 228

Nelson Lee SPOTTS, Appellant, v. Linda Lou SPOTTS, Appellee.

No. FF-480.

District Court of Appeal of Florida, First District.

Feb. 24, 1978.

Barry J. Fuller, Orange Park, for appellant.

Frank M. Scruby of Scruby, Yonge & Cobb, Orange Park, for appellee.

MILLS, Judge.

The husband appeals from a final judgment in a dissolution of marriage action contending the trial court erred in providing for future automatic child support increases without a hearing, in considering business depreciation as a source of income, in awarding child support of $300.00 per month per child, and in awarding the wife lump sum alimony of $25,000.00.

The husband and wife were married in 1965 upon their graduation from college. The wife became a teacher and has continued to follow this profession. The husband held several jobs, returning to college in 1968 to pursue a veterinary course which he completed in 1973. The husband and wife worked while the husband was attending the veterinary course. During this period of time the wife contributed earnings of $29,900.00 to the family and the husband contributed $17,300.00 plus $5,500.00 he had to borrow and on which he now owes $4,500.00. Upon graduation the husband, along with his family, moved to Jacksonville. The wife continued teaching and the husband began work with a veterinarian.

At the time of the hearing the husband was a self-employed veterinarian of about one year and the wife was still employed as a school teacher. The annual gross income of the husband was about $20,440.00, that of the wife was $9,159.00. The children born of the marriage were approximately six years and two years of age. The husband owed approximately $74,000.00 on loans required to set up his practice. He had an approximate equity in the property of $30,900.00. The husband owed about another $29,000.00. The future earning capacity of the husband appeared very good.

The final judgment required the husband to pay child support of $300.00 per month per child and beginning in 1978 to increase the child support $10.00 per month per child for each $1,000.00 per annum of the husband's net income which exceeds $20,000.00 to which depreciation claimed is to be added. It also ordered the husband to pay the wife $25,000.00 as lump sum alimony payable monthly over a period of years.

We find no error in the method used by the trial court in providing for future automatic child support increases. The amount of the increase is small. The formula used by the court is precise and definite and will save time and money of all involved because they will not be returning to court every time the husband's net income increases. The husband's right to move for modification under appropriate circumstances is still preserved.

The court did err in considering business depreciation as a source of income. Section 167(a) of the Internal Revenue Code of 1954, as amended, provides:

"There shall be allowed as a depreciation deduction a reasonable allowance for the exhaustion, wear and tear (including a reasonable allowance for obsolescence)

(1) of property used in the trade or business, or

(2) of property held for the production of income."

The Congress of the United States has recognized that before a net income figure can be reached, depreciation of the...