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Imputed Income in Florida Family Law Cases
In Florida family law cases, particularly those involving child support or alimony, a court may impute income to a party who is voluntarily unemployed or underemployed. This means the court will determine a hypothetical income based on the individual’s earning potential, rather than their actual earnings. Imputing income is a way to ensure that both parents or spouses meet their financial obligations, even if one party is not fully employed.
When Can Income Be Imputed?
Income can be imputed when the court finds that a party is voluntarily unemployed or underemployed. If a person chooses not to work or intentionally takes a job with lower pay, the court may decide to assign an income level based on what that person is capable of earning. Without this tool, individuals could avoid paying child support or alimony by simply refusing to work, which would be unfair to the other party.
Factors the Court Considers for Imputing Income
When deciding whether to impute income, the court takes several factors into account, including:
- Work History: The individual’s prior employment and earnings are crucial in understanding what they could potentially earn.
- Occupational Qualifications: The person’s education, skills, and job experience help determine their earning potential.
- Job Market: The availability of suitable jobs in the local area also plays a significant role in the court’s decision.
Imputing Income Above Minimum Wage
If a court considers imputing income above the minimum wage, the party requesting the imputation must present substantial evidence to support their claim. This could include proof that the unemployment or underemployment is voluntary, that suitable job opportunities are available, and possibly expert testimony from a vocational evaluator to confirm the individual’s earning potential.
Consulting with an Attorney
If you’re facing a situation where income may be imputed in a child support or alimony case, consulting an experienced attorney is essential. At The Wheeler Firm, we can help you navigate these complex cases and protect your rights. Contact us today for a consultation and let us guide you through the process.
WHY CHOOSE US?
Led by experienced family law attorney, Andrew D. Wheeler, The Wheeler Firm is committed to the protection and security of every client. We work to ease the stress of family law litigation, protect our client’s interests, and focus on proven results. With more than 15 years of experience litigating every form of family law case, and representing thousands of individuals and their families, we promise exceptional representation and advocacy. Call us at (850) 613-6923 for a consultation.
