Imputed Income to Calculate Child Support in Florida

Finding Hidden Assets blog post safe deposit box
How to Locate Hidden Assets In a Divorce
January 5, 2017
Is Alimony Taxable as Income
Is Alimony Taxable as Income in Florida
February 10, 2017
Show all

Imputed Income to Calculate Child Support in Florida

Imputed Income

What is Imputed Income?

It is sometimes necessary for the court to impute an income to either party in order to properly calculate that parties’ child support obligation.

Imputed Income to Calculate Child Support in Florida

Section 61.30(2), Florida Statutes provides in part that “monthly income shall be imputed to an unemployed or underemployed parent if such unemployment or underemployment is found by the court to be voluntary on that parent’s part.”

The Court Determining Child Support Obligation

The court will consider the parent’s employment potential and probable earnings level based upon that parent’s recent work history, occupational qualifications and prevailing earnings level in the community.

As part of the “imputing income” process, a Florida court (typically in a child support case) will perform a two-step analysis before deciding whether to impute income to a parent. First, the court must determine whether the parent’s termination from employment was voluntary. That is, did the parent “walk off” the job without justification. Also, the court will consider whether there is a physical or mental incapacity or other circumstances over which the parent has no control. Second, the court must determine whether the individual’s subsequent unemployment or underemployment resulted from the parent’s pursuit of his or her own interest or through less than diligent and bona-fide efforts to find employment paying income at a level equal to or better than they formerly earned.

By performing this above analysis, the court can make sure that a parties’ child support obligation is properly calculated. The statute mentions variations and stipulations which we would be happy to discuss, should you be interested in a free initial consultation.

To learn more about imputed income as it relates to child support or other family law issues call the Law Office of James T. Keenan at 904-359-9060 for a free initial consultation.

2 Comments

  1. Danielle Edmonds says:

    Hi there I am so delighted I found your webpage, I really found you by accident, while I was searching on Google for something
    else, Anyhow I am here now and would just like to say cheers for a incredible post and a all round exciting blog (I also love the theme/design),
    I don’t have time to read it all at the moment but I have saved it and
    also included your RSS feeds, so when I have time I will be back to read a lot more, Please do keep up the awesome work.

  2. anonymous says:

    I simply want to mention I am new to blogging and certainly savored this blog site. Probably I’m likely to bookmark your website . You actually come with tremendous article content. Thanks a lot for sharing your website page.

Leave a Reply

Your email address will not be published. Required fields are marked *