Generally, if you lose your job - through no fault of your own - a Florida court will reduce or eliminate your child support obligation during the time you are unemployed. It is important to bring the job loss to the Court's attention as soon as possible.
Many client's wonder how Florida law treats those who are voluntarily unemployed or voluntarily underemployed. For example what happens if a high paid doctor quits his job (unemployed) or cuts back his hours (underemployed) before a child support determination is made in his divorce case.
Under Florida law, the court can impute income to a party if the other party offers proof of:
1. work history,
2. occupational qualifications,
3. prevailing level of earnings, and
4. existence of available jobs.
The appellate courts have held these factors must be proven by "competent and substantial evidence." It is not enough for one party to testify (even though they are truthful) that they believe that the other party could get their old job back at their old pay rate.
You should consult with a Child Support Lawyer in Jacksonville FL to discuss these and other child support issues.