Earning Less Than You Could? Courts May Count the Difference

Picture a divorce where one spouse suddenly drops to part-time hours, or leaves a well-paying career for a job that barely covers the bills. Maybe there is a good reason. Maybe the timing is a little too convenient. Florida judges know the difference matters, and they have a tool for dealing with it called imputed income.

What Imputed Income Means

When a court imputes income, it treats a spouse as earning money they are capable of earning, even if their paycheck says otherwise. The idea is simple. Support should reflect what someone can reasonably bring in, not what they choose to bring in during a divorce.

Florida’s child support statute lays out the framework clearly. Under section 61.30(2)(b), Florida Statutes, income must be imputed to an unemployed or underemployed parent when the court finds the situation is voluntary, unless the court finds a physical or mental incapacity or other circumstances beyond that parent’s control. The same income rules carry over to alimony, since section 61.08 directs courts to calculate net income for durational alimony under section 61.30(2) and to weigh each spouse’s earning capacity.

What Judges Look At

Outside of situations where a party fails to provide financial information, imputation must be proven. The spouse asking the court to impute income carries the burden of proving it is appropriate. Under the statute, that means showing the underemployment is voluntary and identifying the amount and source of the income the other spouse could be earning. A judge will generally consider:

• Recent work history and past earnings
• Education, training, licenses, and occupational skills
• Prevailing wages for similar work in the local community
• Whether suitable jobs are actually available nearby
• Parenting responsibilities and the time-sharing schedule

The statute also sets some limits. Income generally cannot be imputed based on records more than five years old, or at a level the person has never earned, unless they were recently degreed, licensed, or certified. That keeps courts from picking a number out of thin air.

Legitimate Reasons Matter

Not every reduction in income is a strategy. The statute recognizes that some reductions are not voluntary, such as a physical or mental incapacity or other circumstances beyond a parent’s control, and a court may decline to impute income when a parent needs to stay home with the child. Courts are expected to look at the full picture, and a well-documented explanation can be the difference between a fair result and an inflated income figure.

Practical Steps

If you are worried that your spouse is earning less on purpose, gather pay stubs, tax returns, job postings, and anything showing their earning history. If you are the one facing an imputation request, keep records of your job search, medical limitations, or educational plans. Either way, honest financial disclosure is non-negotiable, and surprises rarely help anyone in front of a judge.

Talk It Through With Us

Questions about income, support, and what a court might realistically expect from you are best answered early. If you are dealing with this issue in your divorce, our Boca Raton alimony attorneys can walk you through your options. At WiseLieberman, PLLC, we would be glad to review your finances and help you plan your next step, so reach out to us today to set up a confidential conversation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.30.html