There are situations where a non-custodial parent may be unemployed and have little or no income. Despite this, a parent can still be required to pay child support. This is because a child’s support obligation can be calculated based on imputed income rather than actual income. Imputed income refers to the income that the court believes the individual could be earning if they were making a reasonable effort to find work.
Child support obligations can exist even for parents with little to no income. Courts may use imputed income, which is an estimate of what an individual should be earning with reasonable effort, to calculate child support payments. This approach is used to prevent parents from manipulating their income to reduce their obligations.
Child support is determined based on factors such as parents’ income, number of children, and insurance expenses. Some parents attempt to lower their income artificially to reduce their support obligations. Courts counter this by using imputed income, which may involve assigning minimum wage or using more complex methods like vocational evaluations.
Being on Unemployment Compensation Benefits in Florida doesn’t always reduce child support obligations. Courts typically use imputed income for voluntarily unemployed or underemployed parents. The court considers the reasons for unemployment, such as accidental injury or company downsizing, to determine if it’s justifiable. Proving underemployment can be difficult and expensive, often requiring evidence of available work that was turned down.
To modify child support obligations permanently, a Supplemental Petition must be filed, showing a substantial, unanticipated change in circumstances. Temporary modifications can be requested for situations like short-term injuries affecting income. The process can vary depending on whether the case is heard by an administrative law judge, hearing officer, magistrate, or circuit court judge.
Whether unemployment results in a modification of child support depends on various factors. Child support typically lasts 18 to 19 years, making it crucial to use accurate figures when calculating payment amounts. The impact of unemployment on child support obligations is not uniform and depends on the specific circumstances of each case. If you would like to discuss how child support can be modified based on changes in your income, contact our offices at (904) 358-3300 to speak with an experienced Family Law Attorney today!
Neil L. Weinreb is a Florida licensed attorney who has been practicing family law for over 20 years in Florida. Mr. Weinreb works for the McGRATH GIBSON LAW in Jacksonville, Florida handling complex Family Law and Divorce cases. Call (904) 358-3300 to set a consultation today!
McGRATH GIBSON LAW, 6117 Atlantic Blvd, Jacksonville, Florida 32211.
