When can a Court impute income?

Imputing income

Sometimes, we come across family law cases where one parent or former spouse is purposely making less to lower child support payments. When this happens, we ask the Court to impute that parties’ income.

Imputing income is a process used to determine what a party’s income should be considering said party’s skills, circumstances, ability to work, or refusal to work.

When a party is willfully earning less than the person has the ability to earn through his or her best efforts, the Court can impute income if: (1) the termination of income was voluntary; and (2) any subsequent underemployment resulted from the party’s pursuit of his/her 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. Guard v. Guard, 993 So. 2d 1086 (Fla. 5th DCA 2008).

If you suspect the other parent or former spouse is purposely earning less income and/or unemployed to lower support payments, it’s best to ask a qualified family law attorney. Schedule a consultation with one of our attorneys today to review the issues of your position, the legal options you may have, and certain rights that pertain to your unique situation.


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