Legal Question in Family Law in Florida
My former wife has filed a Supplemental Complaint for Modification in Florida where we both live. She sites a substantial change of circumstances has occurred. The petition says that I have had an increase in income - which is not true as I have been unemployed for the past 12 months. Then says that I have 'willfully pursued a course of unemployment and actions to not earn. Further the amount of child support should be increased based on my income imputed from my ability to earn.
Can the courts determine that my child support payments be increased based on what I should be earning if I were employed? These are particularly tough times in the job market and I have not been able to find work making much more than half what I was earning a year ago.
My child support payments only continue for the next six months at which time the court orderd obligation will cease.
3 Answers from Attorneys
She can try to get the courts to impute income to you, but in today's job market, it would seem likely that the courts are less willing to do that than they would have been a few years ago. She will have the burden of proof to show that you are intentionally unemployed.
Make sure that you file a written response within 20 days of being served to ensure that a Default is not entered against you.
Our Child Suport statute was changed recently and unfortunately a Judge may impute income to you. My experience locally is that will not occur if you are making a good faith effort to find a new job and can prove it. If you have not been able to make the full child support payment the Judge may determine an arrearage is owed.
Answer the complaint - you only have 20 days. Provide the court with the unemployment amount you are receiving - beginning - also provide as an exhibit the reason for termination of your job - ie - laid off, reduction of force - gone out of business etc.
I find it hard to believe that if you have only 6 months left that she would now pursue this action. By the time the court gets to the hearing of this - the time will have lapsed.
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