When calculating child support in an Orlando child support matter, Florida statutes state that, if the court finds that one parent is voluntarily unemployed or underemployed, income may be imputed, or attributed, to that parent. According to the statute, the employment potential and probably earnings level of the parent shall be determined based upon his or her recent work history, occupational qualifications, and prevailing earnings level in the community.
Previously, if a parent failed to participate in a child support proceeding, or a parent failed to supply adequate financial information, the court typically would have imputed income based on the current minimum wage. However, if a parent was earning an amount higher than minimum wage, there was an incentive for that parent to not participate in the child support proceeding so that minimum wage (the lesser amount) would be used for his or her income in the child support calculation. Realizing that, the law has changed so that the court may rule that the non-participating parent has income equivalent to the median income of year-round full-time workers as derived from current population reports or replacement reports published by the United States Bureau of the Census.
Child support is an important issue with long-standing effects for both you and your child. If you have a child support concern, contact Attorney Wade P. Luther at Family Law of Orlando to schedule an initial consultation. Contact our office by email or by calling (407) 835-9900.