Child support ensures that children will continue to be financially supported by both parents when they are no longer together. Florida courts use various factors when determining how much child support to award.
The income of both parents is a primary factor that can help with this equation. However, in some cases, the income of a parent is not clear, and the court must apply a number that more fairly represents the situation.
This is when imputed income may be used in child support cases. Judges may impute income and include this information in child support orders, which are court orders that instruct parents about their obligation to pay child support. If they disobey this order, they can face severe consequences. Here is what you should know about imputed income in child support orders in Florida.
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How Child Support Amounts Are Determined
Child support is determined in Florida by applying guidelines, which are standards courts and child support enforcement authorities use to determine the amount of financial support a child needs and how much a parent must pay. These guidelines consider the following factors:
- The income of both parents
- The child’s needs
These factors establish a minimum amount of child support that should be ordered in a case, according to a table included in the guidelines. The court or agency establishing support must use these guidelines to determine how much support to include in the court order and in subsequent hearings requested to adjust the amount of support.
If a judge deviates from the amount of the guideline amounts, they must usually provide a written order describing the reasons for deviation.
When Income Is Imputed
The explanation above assumes that you know the other parent’s income. You can input this information on the Florida Child Support Guidelines Worksheet. However, there may be times when you do not know the other parent’s income or their income may be zero.
Sometimes, parents quit their jobs or take on less work than is reasonable because they resent paying child support or are being vindictive. Courts do not want to punish the children in such situations by ordering a lower amount of child support because a parent is not reaching their earning potential, so they use a different metric.
In such cases, the court may assign a specific amount of income to the parent, even if this is not factually accurate. This assigned value is based on what the court thinks the parent could be earning, even if that amount differs from their actual earnings. This is known as “imputed income.”
Florida law states that a court can impute income for an unemployed or underemployed parent if this status is found by the court to be voluntary on that parent’s parent, absent a finding of physical or mental incapacity or other circumstances over which the parent has no control.
Here’s an example: John and Jane recently got a divorce. John has been a high-powered CEO for 15 years, earning $150,000 annually. The couple has three children. During the divorce, John quit his job and has not attempted to find a new one because he does not want to pay child support. The judge may impute income based on John’s recent salary rather than on his unemployment income, if any.
Courts only impute income when they consider a parent’s unemployment or underemployment to be voluntary. Additionally, they may or may not impute income for a parent who must stay home to care for a child.
How Judges Determine Imputed Income
In child support cases involving potential imputed income, judges consider the following information when it is available:
- The employment potential and probable earnings level of the underemployed or unemployed parent
- The parent’s recent work history
- The parent’s occupational qualifications
- The prevailing earnings level in the community
However, if the information concerning that parent’s income is unavailable, a parent fails to participate in a child support proceeding, or a parent fails to supply adequate financial information during the proceeding, the court has the authority to automatically impute income to the parent. This creates a rebuttable presumption that the parent has income equivalent to the median income of a full-time worker based on reports by the United States Census Bureau.
Contact an Experienced Orlando Child Support Attorney for Help with Your Case
Child support cases involving imputed income are complex. You should not have to lose money to support your children because your ex is trying to evade their responsibility. If you are dealing with a case involving imputed income, you need a divorce and family law attorney who is familiar with these rules and can help fight for the support your child needs and deserves.
Call Conti Moore Law Divorce Lawyers, PLLC at (407) 831-0203 to schedule a free consultation with an Orlando child custody attorney.
