Alimony in Jupiter, Florida

In awarding alimony, the court imputes income to an unemployed or an underemployed individual. In Cameron v. Cameron, the Florida Court of Appeal recently stated: “In a dissolution of marriage proceeding, each party’s sources of income and ability to pay are factors to be considered in determining whether alimony, child support, or attorney’s fees are appropriate, and if so, in what amounts.” Smith v. Smith, 737 So. 2d 641,642 (Fla. 1st DCA1999). Where a parent is underemployed, the court is required to impute income to that parent unless the lack of employment is the result of the parent’s physical or mental incapacity or other circumstances beyond the parent’s control. § 61.30(2)(b), Fla. Stat. (2011); Hentze v. Denys, 88 So. 3d 307, 311 (Fla. 1st DCA 2012). The decision of whether to impute income must be supported by competent, substantial evidence. See Gray v. Gray, 103 So. 3d962, 966 (Fla. 1st DCA 2012).”

Here, the record contains no evidence of involuntary underemployment by the Former Wife for the relevant time period. To the extent that her underemployment was due to her status as a pro se litigant in her own divorce proceeding, there is no evidence that this decision was anything other than a voluntary one on her part, and one that was not due to “physical or mental incapacity or other circumstances” beyond her control. § 61.30(2)(b). Accordingly, we reverse on this point and remand with instructions to impute to the Former Wife income consistent with the guidelines set forth in section 61.30(2)(b), Florida Statutes, and to recalculate the Former Husband’s child support and alimony obligations as necessary.”

To speak with an attorney about alimony in Jupiter, Florida contact Matthew Lane & Associates, P.A. at (561) 651-7273.

Dissolution of Marriage in Jupiter, Florida

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