Unemployed or Underemployed? What Florida Divorce Courts Look At

In Florida, what happens if one party is unemployed or underemployed? This would certainly affect the amount the other party would receive in the form of alimony, child support, and attorneys’ fees. Here is how the court handles this. 

How Courts Handle Unemployed or Underemployed Parties

If, for example, a parent is not employed at the time of a court case, the judge will still be able to impute that parent to a specific income level regardless of whether that particular party is employed in some capacity or not. This means that the court can project that party to a certain income level. 

To illustrate this issue, imagine a party decides to quit their job solely to avoid paying the other party. The court would consider this as a voluntary act, and the court is allowed to assume that the party is still employed at the same income level. The judge is permitted to issue an order requiring that the support figure be based on the same figure that the parent was recently earning, whether that parent sits home and decides not to work at all. 

Our firm handles divorce and family law cases throughout Florida. If you have more questions, please call us, and we will be happy to talk to you and provide you with more details.

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The Florida divorce attorneys at Winthrop Law Offices, P.A., are dedicated to providing every client with the answers they need to make informed decisions. Contact our firm today to schedule a free consultation.