FriendlyShldrs
(Bronze)
07/02/08 04:39 PM
24.4.0.13
Re: ex refused support, after 4 years wants suppor

Having looked at the Florida child support statutes, I'm seeing something a bit different than what others here have said.

According to the statutes themselves, "Income on a monthly basis shall be imputed to an unemployed or underemployed parent when such employment or underemployment is found to be voluntary on that parent's part, absent physical or mental incapacity or other circumstances over which the parent has no control. In the event of such voluntary unemployment or underemployment, the employment potential and probable earnings level of the parent shall be determined based upon his or her recent work history, occupational qualifications, and prevailing earnings level in the community; however, the court may refuse to impute income to a primary residential parent if the court finds it necessary for the parent to stay home with the child."

I don't see how a trier of fact (judge, etc.) is going to say that you've staying home from a job as a waitress mainly because you want to or that your new children's health is something you have control over. You can't make your new children able to withstand germs. And, not meaning to be rude, but I don't see how what you could make as a waitress would really help your ex.

It's not about not wanting to support your child, it's about what you're able to do. I realize we don't have all the same information that would be available in court but you can't give what you don't have. Unless you have more training and/or education than what you're saying, I don't see a huge amount of income being imputed.



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