HIRSCH V. HIRSCH

State: Florida

Court: Florida Third District Court

Docket No: 07-0385

Case Date: 02/13/2008

Preview:Third District Court of Appeal
State of Florida, January Term, A.D. 2008
Opinion filed February 13, 2008. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D07-385 Lower Tribunal No. 05-31607 ________________

Daniel Y. Hirsch,
Appellant, vs.

Raquel Radha Hirsch,
Appellee.

An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Bernard S. Shapiro, Judge. Stack Fernandez Anderson & Harris, Gregory N. Anderson and Candice Pinares, for appellant. Franklin & Criscuolo, Barry S. Franklin and Donald G. Criscuolo, for appellee.

Before COPE, ROTHENBERG, and SALTER, JJ. PER CURIAM.

This is an appeal of a trial court order approving the recommendation of the general magistrate which set temporary alimony, child support, and attorney's fees in the parties' pending suit for dissolution of marriage. We affirm in part and reverse in part. The husband argues, and we agree, that the magistrate should not have imputed income of $7,000 per month to the husband for the rent-free use of the home in which the parties previously resided. According to the testimony, the parties had the use of this home, which was owned by the husband's mother's corporation, for three years. However, the parties vacated the home in early 2005 because the property was to be sold. The instant petition for dissolution of

marriage was not filed until November 15, 2005. Thus at the time of the petition and the time of the hearing before the general magistrate, the parties no longer had the use of the rent-free home. As stated in the child support statute, gross income includes "[r]eimbursed expenses or in kind payments to the extent that they reduce living expenses."

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