Turner v. Turner9/30/2002
those positions.
[APPELLEE'S ATTORNEY]: Now based on your expertise in this area and based upon your interview of [Ms.] Turner and the market survey that you performed, do you have an opinion based upon reasonable certainty in the vocational area as to whether or not [Ms.] Turner is employable at this time?
[MINTZ]: Yes. I believe she's employable.
[APPELLEE'S ATTORNEY]: And upon what do you base that opinion?
[MINTZ]: I base it upon her over twenty years of experience in clerical positions and supervisory positions, her indicated skills and knowledge of accounts payable, accounts receivable, payroll, human resources skills and her knowledge of computer -- different computer programs that are used in the area, her knowledge of not only just the programs but training people in computers and installing programs. She seemed to have wide skills and experiences.
[APPELLEE'S ATTORNEY]: Now, do you have an opinion, ma'am, based upon reasonable vocational certainty as to the range of salaries that would be applicable to [Ms.] Turner's job description were she to return to the work force?
[MINTZ]: Well, I would feel that her -- the salary range would probably go anywhere from around $30,000 up into the low $40,000's probably with an average of about $35,000.
[APPELLEE'S ATTORNEY]: What type of position would you believe that she would be best suited for at this time?
[MINTZ]: Given everything she's done before, I would say an accounts payable, accounts receivable or payroll supervisor. Probably a job that incorporates some human resources, office knowledge. Maybe some office administration.
[APPELLEE'S ATTORNEY]: Ma'am, do you have an opinion based upon your expertise, the interview and your market survey and based upon reasonable vocational certainty as to what [Ms.] Turner would be able to average per year were she to return to the work force and employment that you have just described?
[MINTZ]: I feel that she would be able to earn an average salary of $35,000 per year.
Copies of the parties' federal and State tax returns were introduced in evidence, some of which were amended returns. In 1994, the Turners had an adjusted gross income of $243,007, including wage income of $238,050. Their adjusted gross income increased to $282,301 for 1995, inclusive of wages of $276,245. For 1996, the parties had an adjusted gross income of $299,276, with reported wages of $283,449. For 1997, the year when the parties separated, Mr. Turner filed a separate federal tax return in which he personally reported total income of $199,853, inclusive of a salary of $192,260. In August of that year, BSL began to pay appellant $2500 per week, pursuant to the parties' Agreement. Appellee subsequently made alimony payments, in the same amount, through 1999. Thus, the court found that for 1997, the parties' combined income exceeded $300,000. In 1998, Mr. Turner again filed a separate federal tax return. In that year, appellant received $2500 per week from BSL, and Mr. Turner reported total adjusted income of $138,712; his BSL wages were $139,450.
At trial, appellant claimed current monthly expenses of $12,341, inclusive of monthly legal and accounting fees of $3567 generated by the underlying litigation, and monthly mortgage payments of $2951. Appellant detailed her expenses in an exhibit that listed items ranging from groceries to pet supplies. The exhibit indicated that, once the marital home was "paid off," appellant's expenses would decrease to $9976. Further, without legal and accounting fees associated with the litigation, her expenses would decrease to $6409. Appellee claimed "pro
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