Fort Lauderdale Divorce Lawyer Blog
Under Florida law, parents are expected to provide financial support for their children. As such, it is not uncommon for one parent to seek child support from their co-parent. When determining an appropriate support obligation in child support cases, the courts will look at, among other things, the party’s income. In some instances, the courts may find it appropriate to impute income to a parent based on their earning potential. In doing so, the courts must first analyze certain factors, and if they fail to, their decision may be reversed. Recently, in an opinion issued in a paternity action, a Florida court discussed what analysis courts must conduct before imputing income. If you have questions about your rights and obligations with regard to child support, it is wise to talk to a Miami child support lawyer promptly.
Factual and Procedural Setting
It is reported that the mother and the father were involved in a dispute over paternity. During the hearing on the matter, the father testified that he worked 25 hours per week as he was building a new position within his company but was not working full-time due to taking care of his child and other personal matters.
Allegedly, the trial court issued a final judgment establishing paternity. In the judgment, the court imputed an income of $76,000 despite the father’s highest historical annual earnings being $58,000. The father argued that the imputed income and the calculation of his income for 2021 and 2022 were unsupported by competent evidence. The father appealed, challenging the trial court’s decision to impute income to him for the purpose of calculating child support.
Imputed Income in Child Support Actions
On appeal, the court found that the trial court erred in calculating the father’s income for 2021 and 2022, citing multiple mathematical and factual errors such as double-counting income and mischaracterizing net versus gross income.
The court also held that the imputed income for 2023 was not supported by competent evidence, as the court did not sufficiently analyze whether the father’s underemployment was voluntary or involuntary, and there was no justification for imputing income higher than the father had ever earned.
As such, the court reversed the child support determination and remanded the case for further proceedings while affirming the other aspects of the judgment, including timesharing arrangements.
Confer with a Skilled Miami Attorney
Disputes over parental rights and obligations, including child support, are often contentious, but the court’s primary concern in actions involving minor children is what is in their best interest. If you need assistance navigating a dispute over child support, it is in your best interest to confer with an attorney as soon as possible. The skilled Miami child support lawyers at the Law Offices of Sandy T. Fox, P.A. have ample experience handling challenging family law cases, and if we represent you, we will help you seek the best legal outcome available in consideration of the facts of your case. You can reach us at 800-596-0579 or by using the online form to arrange a consultation.