How Does “Imputed Income” Affect a Florida Parent’s Child Support Obligations?

In child support cases, a Florida judge must consider the income of both parents as the first step in determining how much one parent must pay the other each month. The court will look at all sources of a parent’s income (wages, business income, investments, government benefits, etc.) and, in most cases, this will serve as the baseline for establishing support obligations. But there are situations where the court may infer or “impute” additional income beyond what a parent actually earns.

Imputed income generally comes into play when the court determines a parent is “voluntarily” unemployed or under-employed. Florida courts hold that a parent cannot reduce or avoid child support by quitting their job or deliberately earning less than they are capable of based upon  their education, skill, and experience. In such scenarios, the judge can impute the parent’s monthly income based on their recent work history during the last five years, qualifications, and the prevailing earnings level in their community.

Judge’s “Suspicion” Not Enough to Impute Full-Time Income to Stay-at-Home Mother

One question you might have about imputed income is how this could affect a stay-at-home parent. Florida law provides that a judge “may refuse to impute income to a parent” if they find that it is “necessary for that parent to stay at home with the child” who is the subject of the child support proceeding. In such cases, the court can also consider whether a stay-at-home parent is capable of only working part-time outside of the home.

Judges must be careful in making unfounded assumptions regarding the need for a parent to remain at-home with a child. Indeed, the Florida Fourth District Court of Appeal recently overturned a trial judge’s decision to impute income to a stay-at-home mother in a divorce case, Thermidor v. Pierre, because that ruling was “not supported by competent, substantial evidence in the record.”

The parties in this case were a married couple with two minor children, one of whom has special needs. During the 12-year marriage, the wife was mostly a stay-at-home mother. At the time of the divorce trial, she was working towards a nursing degree. She remained the children’s primary caregiver, however, and testified she could only work part-time. The judge rejected this testimony and imputed a “minimum wage to her for a gross month income of $2,080.00.”

But as the Fourth District explained, the mother’s testimony went unrebutted by the father. Citing a decision in a similar case from the Third District, the Fourth District said the judge could not impute income based on mere “suspicion” the mother did not need to stay at-home with the children. The appellate court therefore ordered the trial court to recalculate its orders regarding both child support and alimony, as the latter was also affected by the erroneous decision to impute a full-time income to the mother.

Contact a Miami Child Support Lawyer

Child support is a financially sensitive subject for parents. That is why it is important to work with a dedicated Miami family law attorney who can represent you in putting your best case forward in court. Contact Hamilton O’Neill today to schedule a consultation.

Source:

scholar.google.com/scholar_case?case=8911649532003278773