Florida Child Support & Imputed Income

Florida divorce law says that 

        Income on a monthly basis shall be imputed to an unemployed or underemployed             parent when such employment or underemployment is found to be voluntary on             that parent's part, absent physical or mental incapacity or other circumstances             over which the parent has no control. 

This requires a two-step process to properly impute income to a party:

        First, the trial court must conclude that the termination of income was voluntary;

        Second, the court must determine whether any subsequent underemployment "resulted from the             spouse's pursuit of his own interests or through less than diligent and bona fide efforts to find                 employment paying income at a level equal to or better than that formerly received."

Any spouse who is unemployed but actively pursuing a serious job search will not meet the second part of the process. When that is the case, child support is calculated based on only one parent's income. It is typical to see a requirement that the unemployed parent notify the court within 30 days of becoming employed. That's so both parents' incomes can be used to properly make the Florida child support calculation.

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