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Divorce, When A Court Imputes Income For Child Support It Must Explain Its Calculation

July 13, 2016 by  
Filed under Uncategorized

Imputation Income for Child Support

Imputation of income is when a court purposefully assigns income to a party that is not their actual income at the time.  Under Florida law a court can impute income for the calculation of child support in a divorce, support, or paternity case where it finds that a party is voluntarily unemployed or underemployed.  Where a court is going to impute income it must explain its findings and calculations that went into the imputation of income if the imputation of income is to be upheld by an appellate court.  In Holoway v. Holoway, the Fifth District Court of Appeals for the State of Florida imputed income to the husband who had an ownership interest in three businesses but did not explain the basis for its calculation.  Accordingly, the decision of the trial court was reversed on that issue and remanded so that the trial court could clarify and explain its imputation of income to the husband.  When a court imputes income for the purposes of calculating child support it must explain the basis for the imputation of income and explain its calculation.

For more information on the imputation of income please look at our Divorce Lawyer and Family Lawyer page or call us for a consultation on (786) 539-4935.

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