Using Occupational Evaluations to Impute Income in Florida Family Law Cases
In Florida family law proceedings, financial support obligations, such as alimony and child support, often depend on each party’s income and earning potential. However, disputes frequently arise when one party is unemployed or underemployed, either voluntarily or in bad faith. To address this issue, courts may rely on occupational evaluations to determine a party’s true earning capacity and impute income accordingly.
What is an Occupational Evaluation?
An occupational evaluation is a professional assessment conducted by a vocational expert to determine an individual’s employability and potential earnings. These evaluations consider various factors, including:
- Education and work experience
- Skills and professional certifications
- Job market conditions
- Health and physical limitations
- Efforts to obtain employment
The purpose of the evaluation is to provide the court with an objective assessment of whether a party is capable of earning more than they currently report and, if so, to establish a reasonable imputed income.
When Are Occupational Evaluations Used?
Courts often order occupational evaluations in cases where one party claims to have little or no income, such as:
- A spouse seeking alimony who is unemployed or underemployed despite having marketable skills.
- A parent obligated to pay child support who reports insufficient income but appears capable of earning more.
- A party who voluntarily leaves a higher-paying job to take a lower-paying position or work fewer hours.
Imputation of Income in Florida Family Law Cases
Florida courts have the authority to impute income when a party is found to be voluntarily unemployed or underemployed. If a vocational expert determines that an individual could earn a higher income based on their qualifications and the job market, the court may base support calculations on that imputed income rather than actual earnings.
Key considerations in imputation of income include:
- Whether unemployment or underemployment is voluntary
- The individual’s past earnings history
- The availability of suitable employment opportunities
- Efforts made to secure employment
Defending Against Imputed Income
A party opposing imputation of income may present evidence to show:
- A legitimate reason for underemployment, such as a disability, caregiving responsibilities, or a lack of job opportunities in their field.
- Diligent job search efforts that demonstrate they are actively seeking employment but unable to secure a comparable position.
- Economic conditions that limit their ability to earn at prior levels.
The Role of Vocational Experts
Vocational experts play a crucial role in determining whether imputation is appropriate. They provide courts with unbiased opinions based on labor market research and the individual’s qualifications. These experts may also testify in court to support their findings and conclusions.
Conclusion
Occupational evaluations can be a powerful tool in Florida family law cases where income disputes arise. Whether you are seeking to impute income to an underemployed spouse or defending against an imputed income claim, legal representation is crucial.
At Bonderud Law, we have extensive experience handling family law cases involving income imputation and vocational evaluations. If you need guidance on how these assessments may impact your case, contact our office today for a consultation.
