Imputed income is done by the courts, for Example in Florida:
Florida family court that address earning capacity.
These laws are designed to ensure that both parents contribute to the financial support of their children, regardless of their current employment status.
The specific laws that address earning capacity in Florida family court are:
- Section 61.30, Florida Statutes: This section sets forth the child support guidelines, which are used to calculate the amount of child support that should be paid. The guidelines take into account the income of both parents, as well as the needs of the children.
- Section 61.13, Florida Statutes: This section gives the court the authority to impute income to a parent who is voluntarily unemployed or underemployed. This means that the court can assume that the parent could be working and earning a certain amount of money, and the imputed income will then be used to calculate child support.
But how does a court or a parent sow that one parent is unemployed by choice or under employed? its done by getting a vocational Evaluation to assess employability and earning capacity of an individual. This is done by using a Vocational Expert – If you have concerns or questions about the process of a vocational evaluation for Florida Family Court you can contact us.
What if the parent is on Disability such as VA disability does that automatically mean they dont have to be employed or can they be under employed. The answer to that question depends on the individuals disability. Just because a person is on VA disability does NOT mean they are unemployable.
- Case law: There are also a number of cases that have addressed the issue of earning capacity in Florida family court. These cases have established the following principles:
- The court must consider all of the relevant factors when determining whether to impute income to a parent. These factors include the parent’s education, training, work experience, and the availability of jobs in the parent’s field.
- The court cannot impute income to a parent who is unable to work due to circumstances beyond their control, such as a disability. ( but are they hiding behind a disability that doesnt really make them unemployable? Just because a person is receiving VA Disability doesnt mean they are unable to work)
- The court cannot impute income to a parent who is making a good faith effort to find employment.
In general, the law in Florida encourages parents to be employed and to contribute to the financial support of their children. However, there are some exceptions to this rule. For example, the court may not impute income to a parent who is disabled or who is unable to work due to other circumstances.
If you are going through a divorce in Florida and you have questions about child support, you should speak to an attorney. An attorney can help you understand the law and can represent you in court if necessary.
If you have questions about assessing an individuals earning capacity you need to speak to a vocational expert
Here are some additional things to keep in mind about earning capacity in Florida family court:
- The court will consider the parent’s earning capacity at the time of the divorce, not at the time of the hearing.
- The court will not impute income to a parent who is retired or who has reached the normal retirement age.
- The court may impute income to a parent who is voluntarily unemployed or underemployed, but only if the court finds that the parent is capable of working and earning a certain amount of money.
the only way a court can determine if a parent is capable of working and earning a certain amount of money is through a vocational evaluation of earning capacity
The laws on earning capacity in Florida family court can be complex. If you have questions about how these laws apply to your situation, you should speak to an attorney.
Florida Vocational Expert, Florida Earning Capacity, Florida Imputed Income
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