Posted by Nydia Streets of Streets Law in Florida Child Support
When a party lives outside of Florida, and there is a request to impute income to that party for purposes of calculating child support, will the court use Florida salary standards or the salary standards of the state in which the party actually lives? This was an issue in the case Gillespie v. Holdsworth, 2D20-3429 (Fla. 2d DCA January 19, 2022).
At the time their divorce was finalized, the former husband was ordered to pay child support and the former wife had majority time-sharing with the parties’ children. The former wife later unsuccessfully petitioned for relocation, but without waiting for the court to rule, she quit her job in Florida and obtained a job in Missouri to where she moved. At mediation, the parties ended up reaching an agreement as to a long-distance parenting plan and left child support to be determined by the court. At the hearing, the former husband argued the former wife was voluntarily underemployed because she quit her job earning over $70,000 in Florida and was now earning about $57,000 in Missouri. The trial court imputed the Florida salary to the former wife and she appealed.
The appellate court reversed, holding the former husband did not meet his statutory burden to show “work history, occupational qualifications, and the current job market in the community” for the former wife. He presented no evidence that the former wife was capable of earning her prior salary in Florida while in Missouri. The appellate court also found the trial court committed error where “It imputed income to Former Wife at the rate she previously earned in Florida, rather than imputing income based upon her earning potential in her new Missouri community.” Imputation must be specific to the location in which the party lives and works.
If you are involved in a Florida child support case, schedule a consultation with a Miami family law attorney to understand how the law may apply to your case.