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Income Can Be Imputed In A Divorce For Calculation Of Child Support When There Is Evidence To Support It

July 27, 2016 by  
Filed under Uncategorized

Divorce Child Support Imputed Income:

In a divorce or paternity case income can be imputed to a parent for the purposes of calculating child support where that parent is shown to be voluntarily unemployed or underemployed.  However, there needs to be sufficient evidence presented to the court to show the unemployment or underemployment and justify the imputed wage.  In Back v. Back the Second District Court of Appeals for the State of Florida was faced with a situation where the trial court that divorced the parties did not have any evidence before it that the Husband was voluntarily unemployed or underemployed but still imputed income as if he was.  Because of the lack of evidence to support the imputation of income the Second District Court of Appeals reversed the trial court’s decision and ordered that child support be recalculated based upon the Husband’s actual earnings.

If the unemployment or underemployment of a parent is an issue in your divorce or paternity case evidence needs to be presented to the court in support of the claim.  If you are defending such a claim and the party seeking imputation of income has submitted evidence in support of it evidence must be presented sufficient to rebut it if the imputation of income is to be avoided.

If you are making or facing a claim for imputation of income for the purposes of child support you should have a lawyer assist you in gathering and presenting the evidence in support of your position to the court.  If the right evidence is not presented the court may find against you or be reversed on appeal if it imputes income without sufficient evidence to support it.


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