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Rohling v. Rohling

Citation: 266 So. 3d 51Docket: 2160859; 2160860

Court: Court of Civil Appeals of Alabama; June 1, 2018; Alabama; State Appellate Court

Narrative Opinion Summary

This case involves the appeals of a divorce judgment between a husband and a wife, where the husband contested various financial obligations imposed by the trial court. The court's decision encompassed several key aspects: the award of alimony in gross to the wife, periodic alimony, child support, and the division of assets including retirement accounts. A central issue was the valuation of the husband's dental laboratory business, which the wife hired an expert to assess. The valuation was contested by the husband, but the court upheld the expert's testimony as credible. The court awarded the wife $170,000 in alimony in gross, reflecting a portion of the business's value, and $800 per month in periodic alimony, considering her financial needs and the husband's capacity to pay. Child support was calculated based on the husband's average income over several years, adhering to Rule 32 guidelines, despite his shared custody argument. The appellate court upheld most of the trial court's decisions but reversed the directive for the husband to cover the wife's expert witness fees. The outcome maintained the husband's primary business interests while ensuring financial support for the wife and children.

Legal Issues Addressed

Alimony in Gross Determination

Application: The court awarded the wife $170,000 in alimony in gross, which represents approximately one-third of the husband's business value, acknowledging her contributions to the marriage.

Reasoning: The Court awarded the Wife $170,000 in alimony in gross, representing approximately one-third of the estimated value of the Husband's business ($509,000).

Child Support Calculation under Rule 32

Application: The court calculated child support based on the husband's average income over five years, despite his claim of shared custody warranting a deviation from guidelines.

Reasoning: The father appealed the calculation of his child-support obligation, claiming that his care for the children six days every 14 days constituted joint custody, warranting a deviation from the Child Support Guidelines under Rule 32.

Expert Witness Fees in Domestic Relations

Application: The appellate court reversed the order requiring the husband to pay a portion of the wife's expert witness fees, aligning with precedents in domestic-relations cases.

Reasoning: The appellate court reversed this portion of the trial court's judgment but upheld the order for the husband to pay Blackburn's reasonable fees related to the husband's discovery requests and deposition.

Periodic Alimony Award

Application: The court awarded the wife $800 per month in periodic alimony, considering the husband's earning capacity and the wife's demonstrated need.

Reasoning: The husband testified that his monthly debts related to the divorce judgment amounted to about $1,762, with living expenses totaling $2,425.

Valuation of Business in Divorce Proceedings

Application: The court accepted an expert's business valuation despite the husband's objections to the methodology, as the valuation was based on accepted accounting standards.

Reasoning: Blackburn's methods, deemed accepted by the accounting profession, are considered valid despite the Husband’s claims that they were based on unfounded speculation.