Monday, January 5, 2009

Alimony Award Reversed by 4th Due to Income Disparity

The Fourth District Court today reversed the alimony award below in Kitchens v. Kitchens on the basis of the disparity in the parties' income it would create. The Court paid particular attention to the lower tribunal's inclusion of discretionary disbursements from retirement as income, drawing a clear line between mandatory IRA withdrawals due to age and discretionary receipt of funds from retirement.

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