Daversa v. Daversa
A court can disregard the opinions of experts and reach an independent conclusion about a party's income. The parties married in 1997 and have one minor child. The husband, 49, is an extremely successful mortgage broker, and experts opined that he earns approximately $260,000 gross per year. The court apparently found there was evidence that the husband's earnings were higher and that he earned about $440,000 in 2011. The court credited Mark Harrison's opinion that the husband's business, Atlantic Residential Mortgage, is worth $1.7 million. The wife, 41, earned $125,000 gross per year, plus commissions, prior to the marriage. The husband complained that the wife was overly critical and spent too much money after the real estate market deteriorated. The court found the husband at greater fault for the breakdown of the marital relationship, because he allegedly engaged in extramarital affairs. The court awarded joint custody of the minor child. The court ordered the husband to pay $1,500 per month in alimony and child support, until the wife's death, marriage, cohabitation or Jan. 28, 2023, whichever takes place first. The wife may earn up to $50,000 per year, as a safe harbor, without the wife's earnings constituting an adequate rationale to modify alimony and support. The court ordered the husband to maintain $1 million in life insurance and to name the wife and child as beneficiaries, as long as he is obligated to pay alimony and child support. The court awarded the wife property in Wilton, Conn. and Florida and the husband his interest in property in Vermont. The court ordered the parties to sell another property and awarded the wife 60 percent of the net proceeds of sale. The court awarded the husband his business interests in JDM Partners and Atlantic Residential Mortgage. The court ordered the husband to pay the wife $218,750 per year for four years, in consideration of her transfer of her interest in his businesses. The court awarded each party motor vehicles and investments.