Here is a hypo on Imputed Income in Florida Family Court. 

**John** and **Lisa** are divorcing, and they have two children. John was recently fired from his job due to showing up late and arguing with his boss (misconduct/for cause). Child support is at issue in the case. 

The Court's Decision

• John's Termination**: The court acknowledges that John was fired for cause, which means he intentionally violated workplace rules or engaged in misconduct.
• Imputing Income**: Despite John's job loss, the court decides to impute income to him based on his prior earnings and earning capacity.
• Reasoning**:
  • John has the ability and opportunity to find suitable employment.
  • His misconduct led to the termination, so he cannot escape child support obligations by claiming lower income.
  • The court imputes income at the same level John was earning before his dismissal.
• Child Support Calculation**: The court uses the imputed income to calculate John's child support obligation, ensuring the children's needs are met.

Imputing Income: What You Need to Know

1. Voluntary Unemployment or Underemployment
   
   • When a parent is voluntarily unemployed or underemployed, their probable earnings are assessed based on recent work history, qualifications, and community wage levels.
   • Burden of Proof**: For an initial determination of income, the party seeking to impute income must prove that the other party's unemployment or underemployment was voluntary.
   • Modification Consideration**: If circumstances change, such as job loss, the burden shifts to the person who lost their income
   • Two-Step Analysis**: Trial courts evaluate whether the loss of income was voluntary and whether efforts to find suitable employment were diligent.
   • Examples of Misconduct**: Voluntary unemployment may result from misconduct (e.g., failing drug tests, absenteeism, or non-work-related issues).
2. Florida Courts and Imputed Income
   • Child Support and Alimony**: Florida courts take voluntary unemployment or underemployment into account when determining child support or alimony.
   • Imputation**: Income can be imputed unless the situation is beyond the parent's control.
3. Recent Ruling**: The Court of Appeal emphasized the need for substantial evidence to support imputed income decisions.
   • Two years ago, the Florida District Court of Appeal, Fifth District, reviewed a case involving imputed income to a former wife.
   • The trial court's initial imputation lacked substantial evidence.
   • The Court of Appeal instructed a recalculation without imputing income to the wife.
   • Additionally, the trial court's exclusion of certain monthly expenses was deemed erroneous.

If you have questions about child support modification or related legal matters, consult an experienced attorney.

At **Family Matters Law Group, P.A.**, we're ready when you are. Contact us today for a Strategy Session.

Remember, understanding child support laws and imputed income is crucial for navigating family law matters effectively. If you need legal guidance, reach out.