Daddy’s girl

Imputing income based on continuous and regular gifts from parents

In a Florida divorce, a major, relevant factor considered in setting alimony or child support awards is income earned by either party. When we think about what income is, of course, wages and salaries come to mind first. But Florida law allows the courts to consider other sources of money in some circumstances to determine how much income each spouse receives for purposes of available assets that could be used for child or spousal support.

One of those income sources can be regular, ongoing monetary gifts from parents of the divorcing parties. One way Florida divorce statute defines “income” is to include “payments, made by any person.” Florida courts have found that this provision includes “continuing and ongoing” parental gifts of money, but not “sporadic gifts.”

The Fourth District Court of Appeal case of Ordini v. Ordini provides an example in which regular monetary support from the husband’s parents were properly categorized as income for the purpose of determining child support and spousal support obligations. The husband’s parents supported the couple throughout a 12-year marriage at the level of about $6,500 monthly, which included about $400 per week for a “salary” from the father’s business, although the $400 was largely gratuitous since the husband rarely worked.

The parents’ support even continued after the spouses separated in anticipation of divorce. At the trial, the husband’s mother testified that she would continue to provide support after the divorce, even for the ex-wife and children. In this situation, the court found that the parents’ payments were appropriately considered to be income.

This court also noted that because the younger generation has fewer chances for “substantial” wages and savings as it was for their parents, the issue of when to consider parental financial gifts as income will continue to come up.

 

 

 

No Comments

Leave a comment
Comment Information
  • The Law Office of Daniel E. Forrest represents individuals in Fort Lauderdale in high-asset divorce matters. Daniel Forrest is board-certified family lawyer and mediator serving the South Florida area.
  • The Florida Bar - Board Certified | Marital & Family Law
  • AV(R) Preeminent Martindale-Hubbell(R) Lawyer Ratings
  • Rated By Super Lawyers | Rising Stars Daniel Forrest | SuperLawyers.com
  • Avvo Rating 10.0 Superb | Top Attorney Family
EMAIL US FOR A RESPONSE

Learn More About Your Legal Options

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office
450 East Las Olas Boulevard
Suite 1090
Fort Lauderdale, FL 33301

Toll Free: 800-642-8160
Phone: 954-800-5000
Fax: 954-252-4095
Map & Directions

Phone