Imputed Income and Child Support in Florida

Child support litigation is often based on one issue in particular: How much income does the non-custodial parent have when calculating child support? If one parent is unemployed or underemployed, it can result in the imputation of income in lieu of their current income. That was the case in a Florida family law suit we will discuss below. We’ll answer the question of how Florida examines the assessment of income in child support litigation.

Background of the case

In this case, the matter involved parents in a dispute concerning child support payments following the termination of their marriage. The trial court framed the issue in determining the appropriate amount of support and whether income should be attributed to either of the parents. At the time of the trial, the mother was not earning a full-time income.

The father contended that the mother had the ability to work and earn income and that income should be imputed to her instead of her current income. The mother did not agree with that argument and contended that the trial court overstated her ability to earn income.

The trial court’s decision

In this case, both parents appealed. The mother claimed that the trial court erred as a matter of discretion in imputing any income at all to her. She further claimed that there was no sufficient evidence to support a finding that she was voluntarily underemployed. The father cross-appealed, claiming that the trial court should have imputed a higher level of income to her based on her potential.

The Fourth District Court of Appeal was concerned with the applicable standard of imputed income in Florida cases involving child support. Florida law reserves the right to impute income if a parent is voluntarily underemployed or unemployed, as long as there is competent evidence.

The appellate court ruling emphasized the discretion in such determinations is broad. The main point in the appeal proceedings was not the possibility of substituting another income value but the legislative compatibility of the choice made. 

The appeal 

In this case, the appellate court affirmed the ruling of the trial court. In other words, it supported the determination that the mother was able to work. It found the determination that a minimum wage income should be imputed. It dismissed the contention of the appellant that a higher income should have been imputed. The court supported the ruling since the appellant had a right to estimate income.

Key takeaways from the case

This case illustrates several key principles of Florida law regarding child support. Income can be imputed to a parent who voluntarily underemploys themselves. However, it has to be based on actual evidence. Trial judges are afforded wide discretion in determining the income to be imputed to the parent. You can’t just disagree with the trial judge’s decision. You have to prove they failed to consider the evidence.

Talk to a Clearwater, FL, Child Custody Lawyer Today 

Cairns Law, P.A., represents the interests of Clearwater parents during contested child custody and support hearings. Call our Clearwater family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

caselaw.findlaw.com/fl-district-court-of-appeal/1896169.html