Friday, November 11, 2011

Child Support - How do the Courts treat the Unemployed

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.

10 comments:

  1. This blog is fantastic; what you show us is very interesting and is really good written. It’s just great!!
    Family Attorney in Illinois

    ReplyDelete
  2. Very Nice Post!!!!!!!!!!!
    We help you in searching for a solicitor in Liverpool exclusive for you.
    Thanks for sharing.
    Family Law Liverpool

    ReplyDelete
  3. We desperately wait for the begin of the Wimbledon golf competition and position helpful part gamble on how lengthy it will take for the first commentator.

    dog bite injury milwaukee

    ReplyDelete
  4. Nice post! You can really get many nice ideas here. If you want some competent lawyers just Click Here For a FREE Divorce Law Advice in Calgary .

    ReplyDelete
  5. Lately, it was made the decision that the girl will be living with her scientific mom in Florida. If the legal care documents are customized to indicate this modify and my partner continues to be jobless, will the judges begin money from my income for your kids payments? How can I prevent this? www.calgary-divorce-lawyers.ca

    ReplyDelete
  6. Hello there! Thank you for sharing your thoughts about child support lawyer in your area. I am glad to stop by your site and know more about child support lawyer. Keep it up! This is a good read. I will be looking forward to visit your page again and for your other posts as well.
    Child support is based on the policy that both parents are obliged to financially support their children, even when the children are not living with both parents. Child support includes the financial support of children and not other forms of support, such as emotional support, physical care, or spiritual support.
    In child custody litigation, a legal custody award is the ability to make legal decision for your child while a physical custody award is the responsibility of daily parenting and care. Courts review all factors related to each custody type before making decisions and judges may grant joint custody, sole custody or a parenting plan that provides custody to both parents.

    Child Support Lawyer Essex County

    ReplyDelete
  7. It supports a lot of people during the time of recession, thanks to the government.
    Divorce Assessment

    ReplyDelete
  8. Great Idea for your child support - How do the Courts treat the Unemployed...........


    Thanks
    Video conference in hong kong

    ReplyDelete