context: For purposes of determining a spouse's ability to pay, and for purposes of calculating an appropriate amount of periodic alimony, the trial court should ordinarily use the spouse's net income as the starting point for these evaluations.
citation_a.signal: see
citation_a.identifier: 567 So.2d 867, 868
citation_a.parenthetical: evaluating the responding spouse's ability to pay based on the responding spouse's net income
citation_a.sentence: See Ex parte Jackson, 567 So.2d 867, 868 (Ala.1990) (evaluating the responding spouse’s ability to pay based on the responding spouse’s net income); see also J.D.A. v. A.B.A., 142 So.3d 603, 614 (Ala.Civ.App.2013) (“Because ... the trial court implicitly relied ... on the wife’s erroneous estimation of the husband’s net monthly income, we reverse the periodic-alimony award and remand the cause to the circuit court to reconsider the alimony award.”); Kiel v. Kiel, 51 So.3d 1058, 1068 (Ala.Civ.App.2010) (using the responding spouse’s net income as the basis for evaluating the financial impact that the alimony payment would have); Wheeles v. Wheeles, 770 So.2d 635, 637 (Ala.Civ.App.2000) (reversing the trial court’s judgment that required the husband to pay $1,150 in alimony because the judgment “eripple[d] him financially,” leaving him with $80 per month after his living expenses and court-ordered financial obligations, including periodic alimony, were deducted from “[h]is net income”); and Rubert v. Rubert, 709 So.2d 1283, 1285 (Ala.Civ.App.1998) (holding that the trial court exceeded its discretion because its judgment created financial obligations for the husband that, after deducting the wife’s periodic-alimony award from the husband’s net income, exceeded his remaining income).
citation_b.signal: see also
citation_b.identifier: 142 So.3d 603, 614
citation_b.parenthetical: "Because ... the trial court implicitly relied ... on the wife's erroneous estimation of the husband's net monthly income, we reverse the periodic-alimony award and remand the cause to the circuit court to reconsider the alimony award."
citation_b.sentence: See Ex parte Jackson, 567 So.2d 867, 868 (Ala.1990) (evaluating the responding spouse’s ability to pay based on the responding spouse’s net income); see also J.D.A. v. A.B.A., 142 So.3d 603, 614 (Ala.Civ.App.2013) (“Because ... the trial court implicitly relied ... on the wife’s erroneous estimation of the husband’s net monthly income, we reverse the periodic-alimony award and remand the cause to the circuit court to reconsider the alimony award.”); Kiel v. Kiel, 51 So.3d 1058, 1068 (Ala.Civ.App.2010) (using the responding spouse’s net income as the basis for evaluating the financial impact that the alimony payment would have); Wheeles v. Wheeles, 770 So.2d 635, 637 (Ala.Civ.App.2000) (reversing the trial court’s judgment that required the husband to pay $1,150 in alimony because the judgment “eripple[d] him financially,” leaving him with $80 per month after his living expenses and court-ordered financial obligations, including periodic alimony, were deducted from “[h]is net income”); and Rubert v. Rubert, 709 So.2d 1283, 1285 (Ala.Civ.App.1998) (holding that the trial court exceeded its discretion because its judgment created financial obligations for the husband that, after deducting the wife’s periodic-alimony award from the husband’s net income, exceeded his remaining income).