Duke v. Duke

In Duke vs. Duke, The trial court erred on the face of the Final Judgment of Dissolution of Marriage (no trial transcript was provided, so only errors appearing on the face of the order could be remedied):

1) Alimony: In awarding alimony, the court failed to impute income to the wife based upon income that she would have realized from items awarded to her in equitable distribution. The case is remanded for the trial court to determine how much interest she could earn from the assets without invading the principal;

2) Attorney’s fees: The trial court failed to make sufficient findings to support the award, so the case is remanded for those findings. However, The findings of need and ability to pay were not disturbed;

3) Life insurance: The trial court failed to make specific evidentiary findings regarding the availability and cost of insurance, the obligor’s ability to pay, and the special circumstances that warrant the requirement for security of the obligation; and

4) Parenting plan: the trial court failed to make the required findings under 61.13, and the timesharing schedule lacked specificity

Duke v Duke