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.

How is Imputed Income in determined in Florida

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

Fearful of Imputed Income in Florida Divorce

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

1) Document Review – General list:

Hospital, Physician, Psychiatrist, Psychologist, & Counselor records, Disability Forms.

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
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Bartow
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Bradenton
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Chipley
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Clearwater
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Clewiston
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Hallandale Beach
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Hollywood
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Holmes Beach
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Jacksonville
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Lauderhill
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Lighthouse Point
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Melbourne
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Milton
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Miramar
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Naples
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rlando
Ormond Beach
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Palm Bay
Palm Beach
Palm Beach Gardens
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Panama City Beach
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Plantation
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St. Augustine Beach
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Satellite Beach
Seaside
Sebastian
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Shalimar
Stuart
Surfside
Tallahassee
Tamarac
Tampa
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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 Child Support Seeking Imputed Income of parent Need Vocational Evaluation

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

VA TDIU Total Disability Individual Unemployment – Vocational Expert Services for Veterans Disability

 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

 Vocational Expert


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.

Florida’s Vocational Expert Disability Evaluation

– Divorce, Veteran, LTD, SSA/SSI –

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

1) Document Review – General list:

Hospital, Physician, Psychiatrist, Psychologist, & Counselor records, Disability Forms.

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

Florida Vocational Expert Disability Evaluation

– Divorce, Veteran, Disability,  LTD, SSA/SSI –

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

1) Document Review – General list:

Hospital, Physician, Psychiatrist, Psychologist, & Counselor records, Disability Forms.

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.

 

Florida Vocational Expert