Florida District Courts of Appeal, 1990

Robaina v. Robaina

Robaina v. Robaina
Florida District Courts of Appeal · Decided February 21, 1990 · Anstead, Downey, Letts
556 So. 2d 1218; 1990 Fla. App. LEXIS 1003; 1990 WL 14243 (Southern Reporter, Second Series)

Robaina v. Robaina

Opinion of the Court

PER CURIAM.

There is no competent substantial evidence in the record to support the finding that the husband “earns approximately $20,000 — $25,000 per year.” Indeed, the record establishes that his annual income is closer to $12,000. If the latter figure is anywhere near correct, the award of permanent periodic alimony in the sum of $6,000 per annum was too high vis-a-vis the wife’s annual income, which is $11,648.

Accordingly, this cause is reversed and remanded for a full evidentiary hearing on the question of annual income. At this juncture, the husband’s tax return for the years 1987 and 1988 should be available to better determine his pattern of earnings.

In all other respects, this cause is affirmed.

AFFIRMED IN PART; REVERSED AND REMANDED IN PART.

DOWNEY, ANSTEAD and LETTS, JJ., concur.

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