When can a Court impute income?

Imputing income

Navigating the complexities of family law is never easy, especially when it comes to child support. A common issue many people encounter is income imputation. It’s a method courts use to assess what a parent should be earning, particularly when there’s suspicion that they’re deliberately earning less to lower child support payments.

What Is Income Imputation?

Income imputation involves evaluating a parent’s skills, work history, and overall ability or willingness to work. Courts make this assessment to arrive at what the parent’s income should realistically be.

Criteria for Income Imputation

If you think a parent or former spouse is intentionally lowering their income, you should consider seeking legal advice. Specifically, a court will impute income under the following conditions:

  1. The parent voluntarily terminated their income source.
  2. The parent is underemployed due to their pursuit of personal interests, or a lack of genuine effort to find better-paying employment.

Legal Background: The Guard v. Guard Case

This legal framework comes from the case Guard v. Guard, 993 So. 2d 1086 (Fla. 5th DCA 2008), and serves as a guiding principle in most jurisdictions.

The Importance of Legal Advice

Contacting a family law attorney can offer you tailored solutions. They can review the specifics of your case, discuss your legal options, and clarify any rights that apply to your unique situation. To explore these issues in-depth, we recommend scheduling a consultation with one of our experienced attorneys.

Conclusion: Taking the Next Steps

In summary, if you suspect the other parent is purposely trying to lower child support payments by earning less, taking the legal route of income imputation might be the best course of action. Consult a qualified family law attorney to guide you through the complexities of income imputation in child support cases.

Have more questions? Let us know by sending an email to: questions@legallotus.com and we will do our best to develop content to provide you with direction and insight!

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