Posted by Nydia Streets of Streets Law in Florida Child Support
When imputing income to a parent for purposes of calculating child support in Florida, specific findings are required. The burden of proof is on the party requesting that income be imputed. This was an issue in the case Wolverton v. Wolverton, 6D2023-3821 (Fla. 6th DCA November 26, 2025).
In this divorce case, the former wife sought sole parental responsibility and for the former husband to have supervised timesharing with the parties’ children. At a temporary relief hearing several months before the final hearing, the court heard testimony from the former wife that she anticipated getting a job at which she earned $1,050 per week. Later at the final hearing, the former wife testified that she did not get the job as planned, that she had to stay home to care for 5 minor children, and that she was working part-time as a result. Despite this, and despite the former wife’s allegations regarding abuse of the children, the trial court imputed the temporary relief income to the former wife and granted shared parental responsibility and unsupervised timesharing. The former wife appealed.
As to the parenting plan, the appellate court held “The trial court erred by not making written findings on the section 61.13(3) factors that supported its determination of shared parental responsibility, including the abuse allegations that Former Wife raised at trial. On remand, the trial court must enter an amended final judgment that includes these written findings. This does not require a new trial unless the trial court cannot make the necessary determinations from the trial transcript. We do not disturb the trial court’s shared parental responsibility finding unless its written findings cannot justify it.”
As to the child support and imputation of income, the appellate court held “No competent, substantial evidence supported the trial court’s imputation of income. As the party seeking to impute income, Former Husband had the burden to show “both employability and that jobs are available. [. . .] He adduced no evidence on Former Wife’s job search, her potential earning capacity, or available positions. Former Husband also did not challenge Former Wife’s testimony that she could not obtain full-time employment because she was caring for the five minor children who lived with her without assistance. The trial court imputed income to Former Wife based on her testimony at a temporary hearing that occurred over ten months before trial. But Former Wife said that her stated expectations of getting a job at that income never came to fruition, and multiple other attempts to obtain work had failed. Based on our record, the trial court’s decision to impute $1,050 per week to Former Wife had no factual basis supporting it. This, in turn, affected the trial court’s child support award. On remand, the trial court must recalculate the child support award based on the parties’ current earning abilities, taking evidence as needed.”
Nothing in this article is intended to be legal advice. Schedule your meeting with a Miami family law attorney to determine the next best steps in your case.