When can a Court impute income?

Imputing income

Sometimes, we come across family law cases were one parent or former spouse is purposely making less to lower child support payments. When this happens, we ask the Court to impute that parties’ income.

Imputing income is a process used to determine what a party’s income should be considering said party’s skills, circumstances, ability to work, or refusal to work.

When a party is willfully earning less than the person has the ability to earn through his or her best efforts, the Court can impute income if: (1) the termination of income was voluntary; and (2) any subsequent underemployment resulted from the party’s pursuit of his/her own interests or through less than diligent and bona fide efforts to find employment paying income at a level equal to or better than that formerly received. Guard v. Guard, 993 So. 2d 1086 (Fla. 5th DCA 2008).

If you suspect the other parent or former spouse is purposely earning less income and/or unemployed to lower support payments, it’s best to ask a qualified family law attorney. Schedule a consultation with one of our attorneys today to review the issues of your position, the legal options you may have, and certain rights that pertain to your unique situation.

No Attorney-Client Relationship or Legal Advice: Communication of information by, in, to or through this Website and your receipt or use of it: (1) is not provided in the course of and does not create or constitute an attorney-client relationship; (2) is not intended as a solicitation; (3) is not intended to convey or constitute legal advice; and (4) is not a substitute for obtaining legal advice from a qualified attorney.  You should not act upon any such information without first seeking qualified professional counsel on your specific matter.  The hiring of an attorney is an important decision that should not be based solely upon Website communications or advertisements. Feel free to contact us if you need legal assistance.

Posted by

Legal Lotus, P.A. is a Miami-based law firm specializing in family law, civil litigation, and the drafting of contracts, partnerships, and wills.

Leave a Reply