Imputation of Income can happen


Income on a monthly basis shall be imputed to an unemployed or underemployed parent when such employment or underemployment is found to be voluntary on that parent’s part, absent physical or mental incapacity or other circumstances over which the parent has no control. [Fla Stat $61.30(2)(b).] in the event of such voluntary unemployment or under employment, the employment potential and probable earnings level of the parent shall be determined based upon his or her recent work history, occupational qualifications, and prevailing earnings level in the community; however, the court may refuse to impute income to a primary residential parent if the court finds it necessary for the parent to stay home with the child. A trial court may, in its discretion impute income to a party based on past earnings and earning potential in determination of an ability to pay. [Maddux v. Maddux, 495 So 2d 863 (Fla 4th DCA 1986) (black letter law regarding imputation of income is when spouse who is obligated to pay support voluntarily reduces his income, income he is capable of earning will be imputed to him when determining his support obligations); Jones v. Jones; 636 So 2d 867 (Fla 4th DCA 1994) (when imputing income to party, trial court must set forth factual findings as to probable and potential earnings level; source of imputed and actual income; and adjustments to income).]



Voluntary Underemployment

Income may be imputed to a parent when his or her underemployment is found to be voluntary, barring physical or mental incapacity or other circumstances under which the parent has no control. While income was correctly imputed to father because of income, but it showing that he had deliberately abandoned lucrative optometric practice apparently so he can deprive his wife and children of his ability to support them. The amount that he was made, was far less than some indisputably shown to have been burned by husband in place of marriage. The court abused its discretion and dissolution proceeding by failing to impute income to wife, and instead concluding that it was necessary for a wife to stay home and care for parties child who suffers from leukemia wife, testified that she wanted and intended to go back to work.  This is where a very good St. Petersburg child custody attorney can help.  However, she must have children back to school at end of summer, and explained she could only work on part-time basis because she needs to take care of child to chemotherapy once a week. It is only work part-time because of child chemotherapy treatment was entitled to award rehabilitative alimony and child completed treatments and wife could return to work full time. Husband was unemployed for 14 years while holding both bachelor’s degree and master’s degree in Business administration, and minimum wage in for the $630 per month in child support office in Florida.  Her husband has been able to live without any income from unemployment how many years were the support that almost entirely exhausted on income in. It is not impossible court-ordered to make monthly payment greater than amount of something. If you contact your st petersburg eviction attorney in St. Petersburg, FL that practices in evicting a tenant, he/she may or may not be able to help.  There is a big difference between the law of Real estate and the law of Matrimonial law.  The departing from family associated with close corporation had accepted draws and advances of commissions from company for which he acted as consultant and husband had voluntarily chosen to continue with consulting position. Despite lack of adequately moderation, the  Court should conduct hearings where husband actually imputed income to determine child support award.