When you go through a divorce or separation, the financial aspects of your life often come under a microscope. This is particularly true when determining child support and alimony. If one spouse is voluntarily unemployed or underemployed in Florida, it doesn't necessarily mean their financial obligations disappear. In fact, the court can *impute income* to that spouse, meaning they will calculate child support or alimony based on what that spouse *could* be earning, rather than what they are currently making—or not making at all.

What Does It Mean to Be Voluntarily Unemployed?

Voluntary unemployment means that someone has chosen to leave their job, reduce their hours, or otherwise limit their earning capacity without a legitimate reason. This might happen when someone quits their job, claims they can't find work, or intentionally takes a lower-paying job to reduce their financial obligations. In family law cases, this can be especially relevant because Florida courts may impute income, meaning they'll assign an income level to that person based on what they were previously earning, or what they could reasonably earn based on their skills and job opportunities.

In Florida, courts take the view that both parents should financially support their children to the best of their abilities. Similarly, in alimony cases, one spouse cannot simply choose to stop working in order to avoid paying alimony.

How Does Imputed Income Work?

If the court determines that someone is voluntarily unemployed or underemployed, they can use that person's work history, education, and potential job opportunities to figure out how much they *should* be earning. This imputed income can then be used to calculate child support or alimony. It doesn't matter if they are no longer making that amount—it's what they *could* be making that counts.

For example, if someone was earning $75,000 a year before they decided to leave their job, the court may use that figure to determine their financial obligations, even if they are currently not working.

Timing Can Raise Questions

One of the more suspicious scenarios that often comes up in divorce cases is when one spouse quits their job *just* before or during the divorce proceedings. In situations like this, the court is very likely to look closely at whether the unemployment was truly voluntary. In fact, they may determine that the timing was a strategic move to avoid financial obligations, especially regarding child support or alimony.

What You Should Know

If you're thinking about making any major changes in your job situation, it's important to understand the consequences. Florida courts take a hard stance on ensuring that children and spouses are financially supported, and they have the power to look beyond someone's current situation to determine what they should reasonably be contributing.

Voluntary unemployment or underemployment won't automatically free someone from paying child support or alimony. Instead, the court will examine the facts of the case and may hold them accountable for the income they were capable of earning.

Let's Wrap It Up

Family law cases can be complex, especially when it comes to financial issues like child support and alimony. The concept of voluntary unemployment and imputed income ensures that a person's financial obligations don't simply vanish because they choose to leave their job. Courts in Florida will ensure that both parents and spouses contribute to the financial needs of the family, even if that means imputing income based on past earnings or potential opportunities.

At Family Matters Law Group, P.A., we know that these situations can be frustrating and confusing. If you're dealing with a case involving imputed income or suspect that your spouse is voluntarily unemployed, we can help guide you through the process.

*Need help navigating a divorce or child support case? Contact Family Matters Law Group, P.A. today to get the advice you need.*