Florida Statutes create the guidelines for establishing the child support obligations from one parent to the other, but what happens if the obligated parent decides to quit their job to avoid the current amount of child support or child support altogether?
Florida Statute Chapter 61 establishes the evaluation for those who are seeking to lessen or rid themselves of child support obligations due to lesser employment or unemployment. The statute requires the court to impute income to an unemployed or underemployed parent if such unemployment or underemployment is found to be voluntary on that parent’s part, absent a finding of fact by the court of physical or mental incapacity or other circumstances over which the parent has no control.
The statute also establishes that, in the event of such voluntary unemployment or underemployment, the court is to review the employment potential and probable earnings level of the parent based on his or her recent work history, occupational qualifications, and prevailing earnings level in the community if such information is available.
While the Court is able to consider other factors in evaluating imputation of income, it is important to have educated and well-versed counsel to guide you. The Rice Law Firm has handled many child support determinations and modification proceedings since 1986. Contact us today at our Daytona Beach location at 386-310-2914.
