Earning Capacity Florida Imputed Income

Florida Family Laws that discuss imputed income for child support cases:

  • Section 61.30, Florida Statutes: This section states that the court may impute income to a parent if the parent is voluntarily unemployed or underemployed. The court will consider the parent’s education, training, skills, and work experience in making this determination.

You need a vocational expert to assess a parent to see if they are making a reasonable attempt to being employed. A Vocational Evaluation is used to determine and individuals earning capacity

  • Section 61.30(4)(b), Florida Statutes: This section states that the court may impute income to a parent based on the minimum wage if the parent is unable to provide evidence of their income.

  • Section 61.30(5), Florida Statutes: This section states that the court may impute income to a parent based on the income of a similar parent in the same community.

The court will consider all of the relevant factors in determining whether to impute income to a parent. These factors may include:

  • The parent’s education, training, skills, and work experience
  • The parent’s past earnings
  • The parent’s ability to find a job
  • The parent’s reasons for being unemployed or underemployed
  • The needs of the child

If the court imputes income to a parent, the parent will be ordered to pay child support based on the imputed income.

It is important to note that imputed income is a complex issue, and the laws in Florida may change. If you are involved in a child support case, it is important to speak to an attorney to get legal advice specific to your situation.