How Does Imputed Income Affect Child Support Payments?

When parents separate or divorce, one key issue that the courts consider is how the children will be supported, both financially and emotionally. While both parents are legally responsible for financially supporting their child, the non-custodial parent (the one without primary custody of the child) typically makes child support payments to the custodial parent.

Once a judge determines the right amount of child support, that amount becomes legally binding, and the non-custodial parent has to pay the amount over the set period. But what if a parent suddenly loses their job or takes a lower-paying position to avoid making child support payments? The court can prevent this by imputing income on the parent. Let’s explore more about this.

What Is Imputed Income in Child Support?

Imputed income refers to income assigned to a parent based on an estimate of what they should be making rather than what they actually earn. Let’s say Ethan was earning $80,000 a year as an engineer but quit to take a part-time job paying $30,000. If the court finds he did this to lower his child support payments, it may impute his income at $80,000 and base his support obligations on that amount instead of his actual earnings. Essentially, the court assumes the party has a certain amount of income, even if they don’t have it.

Courts consider several factors when deciding to impute income, including:

• The parent’s past job roles and salaries
• Their education, skills, and work experience
• Job opportunities and wages in their field within their local area
• Whether they are voluntarily unemployed or underemployed

Is Imputing Income Legal in Florida?

Florida law allows courts to follow specific guidelines when determining whether imputing income is appropriate. If a parent is voluntarily unemployed or underemployed, the court can impute income unless they have a valid reason, such as a medical condition or a lack of job opportunities.

The Impact on Child Support Payments

Imputing income can significantly affect how much child support is paid or received. The court’s goal is to ensure children receive adequate financial support, regardless of a parent’s decision to reduce their income. Here’s how imputing income can impact child support payments:

• Higher Payments for the Paying Parent: If a noncustodial parent is found to be voluntarily underemployed or unemployed, the court may impute a higher income and increase their child support obligations accordingly.
• Lower Payments for the Receiving Parent: On the other hand, if a custodial parent claims they need more support but are capable of earning more, the court may impute a higher income for them, which can reduce the amount of child support they receive.
• Court Battles and Recalculation: If a parent feels that imputed income is unfair, they can challenge the court’s decision by providing evidence of a valid reason for their employment status. If a parent successfully challenges the imputed income, the court may recalculate their support obligation based on their actual earnings rather than the estimated income.

Since every case is unique, it is advisable to consult a family law attorney who can help you understand how Florida law applies in your case, navigate the process, and ensure a fair outcome for you and your child.

Contact an Orlando Child Support Lawyer Today

If you have questions about how imputed income could affect your case, contact our Orlando child support lawyer at the Arwani Law Firm today for guidance.