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.
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
Tampa Orlando Tallahassee pensacola Jacksonville Miami st. pete clearwater daytona beach Destin
SouthEast Vocational Experts: Leaders in Forensic Mental Health & Vocational Evaluations in Florida
In Florida a parent can ask the court or be subject to the court in getting a judgement of Imputed income
A Vocational Expert can perform a Vocational Evaluation to see what a parents vocational ability should be and this id through Earning Capacity Evaluation and Labor Market Survey
Is a parent choosing to be unemployed?
Is a parent choosing to be under employed?
Is a parent using VA Disability rating to establish why they are limited in working? Are you aware that a VA Disability rating and check has a low correlation into a persons ability to work.
Most people falsely believe that just because a person has a VA Disability rating or getting a VA disability check means they cannot work. This isnt true. But, the only way to get the court to see through the illusion is to hire a Vocational Expert to assess the individual in question.
Disability Evaluation process and procedures differ depending on the Venue as well as the issued involved in the case.
this will cover the major aspects – each case is different and therefore will have different needs, we do not have a one size fits all assessment process.
Disability Evaluation – Forensic VOCATIONAL EVALUATION PROCESS for Earning Capacity
2) We Use Both a Structured and Unstructured Diagnostic Vocational Interview
This will be a review of the individual’s history and will also outline the age, education, current work status, past work experience, skills, current medical & psychological impairment(s), treatments, and physical & psychological limitations.
(This can be in-person or through SKYPE, or telephone)
3) Assessment of Current Information and determining if more documentation is needed.
– If needed we will create Medical and/or Psychological Source forms and/or Mental Residual Functional Capacity (MRFC), Physical Residual Functional Capacity (RFC). This will be the disabled individual or their Representative responsibility to get completed and returned to us.
4) Vocational & Forensic Mental Health Evaluation (Psychometric Assessments) (most cases will require one or more tests)
Based on the case we will determine what assessments need to be completed. We will assess not only aptitudes but also may measure Attention, Concentration (ADHD), Memory, Cognitive Abilities, IQ, Mental Health / Psychiatric Measures (Depression, Bi-Polar, Acute Anxiety, GAD, PTSD, Schizophrenia, etc.)
5) Perform a Vocational Diagnostic Assessment of Residual Employability.
this includes a Transferable Skills Analysis
6) Labor Market Research (if needed)
Private, local, state, and federal government labor market studies to determine if any significant number of jobs exist that the claimant can perform in the local and national labor market.
The results of the vocational evaluation enable the Vocational Expert to render an opinion as to the employability of the permanently injured veteran’s and their ability to perform substantial gainful work activity based on quantifiable, accurate, and current information using Veteran’s Disability standards. We provide services nationally as well as in Florida and the South East.
Altamonte Springs Anna Maria Apalachicola Apopka Atlantic Beach Auburndale Aventura Avon Park Bal Harbour Bartow Bay Harbor Islands Boca Raton Bonita Springs Boynton Beach Bradenton Brooksville Cape Canaveral Cape Coral Casselberry Celebration Chipley Cinco Bayou Clearwater Clermont Clewiston Cocoa Cocoa Beach Coconut Creek Coral Gables Coral Springs Crystal River Dania Beach Davie Daytona Beach Deerfield Beach DeFuniak Springs DeLand Delray Beach Deltona Destin Dunedin Eagle Lake Edgewater Edgewood Eustis Fort Lauderdale Fort Meade Fort Myers Fort Myers Beach Fort Pierce Fort Walton Beach Fruitland Park Gainesville Greenacres Green Cove Springs Gulf Breeze Gulfport Haines City
Hallandale Beach Hawthorne Hialeah Hialeah Gardens Highland Beach Hollywood Holly Hill Holmes Beach Homestead Hypoluxo Indialantic Jacksonville Juno Beach Jupiter Key Biscayne Key West Kissimmee LaBelle Lady Lake Lake Alfred Lakeland Lake Mary Lake Park Lake Wales Lake Worth Lantana Largo Lauderdale By The Sea Lauderhill Leesburg Lighthouse Point Longboat Key Longwood Maitland Marco Island Margate Melbourne Melbourne Beach Miami Miami Beach Milton Minneola Miramar Mount Dora Naples Neptune Beach New Port Richey New Smyrna Beach Niceville North Miami North Miami Beach North Port Oakland Park Ocala Ocean Ridge Ocoee Okeechobee Oldsmar Orange Park
rlando Ormond Beach Oviedo Palatka Palm Bay Palm Beach Palm Beach Gardens Palm Coast Palmetto Panama City Panama City Beach Pembroke Pines Pensacola Pinecrest Pinellas Park Plant City Plantation Pompano Beach Ponce Inlet Port Orange Port St. Lucie Punta Gorda Rockledge Royal Palm Beach St. Augustine St. Augustine Beach St. Cloud St. Pete Beach St. Petersburg Safety Harbor Sanford Sanibel Sarasota Satellite Beach Seaside Sebastian Sewall’s Point Shalimar Stuart Surfside Tallahassee Tamarac Tampa Tarpon Springs Tavares Temple Terrace Titusville Treasure Island Valparaiso Venice Vero Beach Wellington West Melbourne West Palm Beach Weston Wilton Manors Winter Garden Winter Haven Winter Park Winter Spring
Florida Family Laws that discuss imputed income for child support cases:
Section 61.30, Florida Statutes: 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.
But what is voluntarily unemployed? and how do you show to the court this is the case!
You might know, but how do you provide proof to the court a parent is choosing to be underemployed? Truth is the only way is to get a professional assessment of this by a vocational expert. You cannot just give basic information to the court, you have to provide proof the court can accept. This is why Vocational Experts are retained to help fully assess the situation.
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
The only way to do this is through an expert witness that the court will accept an assessment from. A vocational expert and help the court determine what is a reasonable job search, what really is/are an individuals mental and physical limitations when it comes to being employed.
Just because a person has a mental or physical limitation does not mean they are unable to work.
Just because a person has a seemingly high VA Disability rating mean they are unable to work or is limited in the type and income.
You have to assess each limitation and vocational factors to determine this.
The best predictor to income and working ability isnt a persons disability or limitations its Age, Education, Past Work Experience, Work skills, and other things. Not a disability even if its visible.
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.
A Vocational Evaluation of an individual will help determine their Earning Capacity.
Altamonte Springs Anna Maria Apalachicola Apopka Atlantic Beach Auburndale Aventura Avon Park Bal Harbour Bartow Bay Harbor Islands Boca Raton Bonita Springs Boynton Beach Bradenton Brooksville Cape Canaveral Cape Coral Casselberry Celebration Chipley Cinco Bayou Clearwater Clermont Clewiston Cocoa Cocoa Beach Coconut Creek Coral Gables Coral Springs Crystal River Dania Beach Davie Daytona Beach Deerfield Beach DeFuniak Springs DeLand Delray Beach Deltona Destin Dunedin Eagle Lake Edgewater Edgewood Eustis Fort Lauderdale Fort Meade Fort Myers Fort Myers Beach Fort Pierce Fort Walton Beach Fruitland Park Gainesville Greenacres Green Cove Springs Gulf Breeze Gulfport Haines City
Hallandale Beach Hawthorne Hialeah Hialeah Gardens Highland Beach Hollywood Holly Hill Holmes Beach Homestead Hypoluxo Indialantic Jacksonville Juno Beach Jupiter Key Biscayne Key West Kissimmee LaBelle Lady Lake Lake Alfred Lakeland Lake Mary Lake Park Lake Wales Lake Worth Lantana Largo Lauderdale By The Sea Lauderhill Leesburg Lighthouse Point Longboat Key Longwood Maitland Marco Island Margate Melbourne Melbourne Beach Miami Miami Beach Milton Minneola Miramar Mount Dora Naples Neptune Beach New Port Richey New Smyrna Beach Niceville North Miami North Miami Beach North Port Oakland Park Ocala Ocean Ridge Ocoee Okeechobee Oldsmar Orange Park
Orlando Ormond Beach Oviedo Palatka Palm Bay Palm Beach Palm Beach Gardens Palm Coast Palmetto Panama City Panama City Beach Pembroke Pines Pensacola Pinecrest Pinellas Park Plant City Plantation Pompano Beach Ponce Inlet Port Orange Port St. Lucie Punta Gorda Rockledge Royal Palm Beach St. Augustine St. Augustine Beach St. Cloud St. Pete Beach St. Petersburg Safety Harbor Sanford Sanibel Sarasota Satellite Beach Seaside Sebastian Sewall’s Point Shalimar Stuart Surfside Tallahassee Tamarac Tampa Tarpon Springs Tavares Temple Terrace Titusville Treasure Island Valparaiso Venice Vero Beach Wellington West Melbourne West Palm Beach Weston Wilton Manors Winter Garden Winter Haven Winter Park Winter Springs
A veteran is entitled to a 100% disability (Total Disability) rating if he can establish that his service-connected disability[ies] preclude him from substantial gainful employment, Individual Unemployment
We have been providing Vocational and Occupational assessments for over 17 years. We have also served as an unbiased expert for the U.S. Government in more than 1,000 cases. We have performed over 3,000 assessments.
We can provide a Vocational Evaluation (Social & Industrial Surveys) in Veteran’s Disability cases to prove Total Disability Individual Un-employability in (TDIU) Cases.
Total Disability & Individual Unemployuability (TDIU)
VA adjudicator must consider a report documenting the Veteran’s un-employability from a Vocational Expert.
∞ TDIU Vocational Evaluation
A Social &industrial survey (Vocational Evaluation) done by a Vocational Expert can be used as valuable evidence to support a veteran’s TDIU Claim, and help get Faster Decisions.
Many times the VA uses a Social Worker to fill a basic form out, but a Social Worker isn’t an Expert in Medical & Psychological issues in disability nor are they an Expert in Vocational Issues. This is why you need this performed by a Vocational Expert.
Forensic Vocational Experts have the clinical knowledge and expertise to bridge the gap between a person’s medical & psychological limitations and how they will affect the persons employability, so that the VA Adjudicator will be informed as to how the medical and psychological limitations affect a person’s employability.
Vocational Expert in Veterans Disability & TDIU Assessment
We serve Veterans with disabilities & Veteran Advocates nationwide, including clients near all VA regional offices and their areas of jurisdiction: places such as Montgomery, Alabama; Houston, Texas; Dallas, Texas; Anchorage, Alaska; Phoenix, Arizona; Little Rock, Arkansas; South Carolina; North Carolina; San diego, California; San Fransisco, California; Los Angeles, California; Oakland, California; San Diego, California; Denver, Colorado; Hartford, Connecticut; Wilmington, Delaware, Washington, D.C.; St. Petersburg, Florida; Atlanta, Georgia; Honolulu, Hawaii; Boise, Idaho; Chicago, Illinois; Indianapolis, Indiana; Des Moines, Iowa; Wichita, Kansas; Louisville, Kentucky; New Orleans, Louisiana; Togus, Maine; Boston, Massachusetts; Detroit, Michigan; St. Paul, Minnesota; Jackson, Mississippi; St. Louis, Missouri; Ft. Harrison, Montana; Lincoln, Nebraska; Reno, Nevada; Manchester, New Hampshire; Newark, New Jersey; Albuquerque, New Mexico; New York City; Winston-Salem, North Carolina; Fargo, North Dakota; Cleveland, Ohio; Muskogee, Oklahoma; Portland, Oregon; Philadelphia, Pennsylvania; Pittsburgh, Pennsylvania; Providence, Rhode Island; Columbia, South Carolina; Sioux Falls, South Dakota; Tampa, Florida; Nashville, Tennessee; Houston and Waco, Texas; Salt Lake City, Utah; White River Junction, Vermont; Roanoke, Virginia; Seattle, Washington; Huntington, West Virginia; Milwaukee, Wisconsin; Atlanta, Georgia; Columbus, Georgia; Savannah, Georgia; Jacksonville, Florida; Pensacola, Florida; Mobile, Alabama; and Cheyenne, Wyoming.
SouthEast Vocational Experts: Leaders in Forensic Mental Health & Vocational Evaluations.
Disability Evaluation process and procedures differ depending on the Venue as well as the issued involved in the case.
this will cover the major aspects – each case is different and therefore will have different needs, we do not have a one size fits all assessment process.
Disability Evaluation – Forensic VOCATIONAL EVALUATION PROCESS
2) We Use Both a Structured and Unstructured Diagnostic Vocational Interview
This will be a review of the Veteran’s history and will also outline the Veteran’s age, education, current work status, past work experience, skills, current medical & psychological impairment(s), treatments, and physical & psychological limitations.
(This can be in-person or through SKYPE)
3) Assessment of Current Information and determining if more documentation is needed.
– If needed we will create Medical and/or Psychological Source forms and/or Mental Residual Functional Capacity (MRFC), Physical Residual Functional Capacity (RFC). This will be the disabled individual or their Representative responsibility to get completed and returned to us.
4) Vocational & Forensic Mental Health Evaluation (Psychometric Assessments) (most cases will require one or more tests)
Based on the case we will determine what assessments need to be completed. We will assess not only aptitudes but also may measure Attention, Concentration (ADHD), Memory, Cognitive Abilities, IQ, Mental Health / Psychiatric Measures (Depression, Bi-Polar, Acute Anxiety, GAD, PTSD, Schizophrenia, etc.)
5) Perform a Vocational Diagnostic Assessment of Residual Employability.
this includes a Transferable Skills Analysis
6) Labor Market Research (if needed)
Private, local, state, and federal government labor market studies to determine if any significant number of jobs exist that the claimant can perform in the local and national labor market.
The results of the vocational evaluation enable the Vocational Expert to render an opinion as to the employability of the permanently injured veteran’s and their ability to perform substantial gainful work activity based on quantifiable, accurate, and current information using Veteran’s Disability standards.
Jacksonville, Orlando, Tampa Bay, Clearwater, Miami, Pensacola
SouthEast Vocational Experts: Leaders in Forensic Mental Health & Vocational Evaluations.
Disability Evaluation process and procedures differ depending on the Venue as well as the issued involved in the case. We specialize in Psychological Disability Evaluations.
this will cover the major aspects – each case is different and therefore will have different needs, we do not have a one size fits all assessment process.
Disability Evaluation – Forensic VOCATIONAL EVALUATION PROCESS
2) We Use Both a Structured and Unstructured Diagnostic Vocational Interview
This will be a review of the Veteran’s history and will also outline the Veteran’s age, education, current work status, past work experience, skills, current medical & psychological impairment(s), treatments, and physical & psychological limitations.
(This can be in-person or through SKYPE)
3) Assessment of Current Information and determining if more documentation is needed.
– If needed we will create Medical and/or Psychological Source forms and/or Mental Residual Functional Capacity (MRFC), Physical Residual Functional Capacity (RFC). This will be the disabled individual or their Representative responsibility to get completed and returned to us.
4) Vocational & Forensic Mental Health Evaluation (Psychometric Assessments) (most cases will require one or more tests)
Based on the case we will determine what assessments need to be completed. We will assess not only aptitudes but also may measure Attention, Concentration (ADHD), Memory, Cognitive Abilities, IQ, Mental Health / Psychiatric Measures (Depression, Bi-Polar, Acute Anxiety, GAD, PTSD, Schizophrenia, etc.)
5) Perform a Vocational Diagnostic Assessment of Residual Employability.
this includes a Transferable Skills Analysis
6) Labor Market Research (if needed)
Private, local, state, and federal government labor market studies to determine if any significant number of jobs exist that the claimant can perform in the local and national labor market.
The results of the vocational evaluation enable the Vocational Expert to render an opinion as to the employability of the permanently injured veteran’s and their ability to perform substantial gainful work activity based on quantifiable, accurate, and current information using Veteran’s Disability standards.