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Imputation of Income in the Lake Mary, Florida Area and Orlando, Florida Area 

Your spouse has not worked during the marriage or for several years. You are divorcing. Your spouse is requesting a large sum of alimony saying he/she has no job and needs that money to live at the standard of living during the marriage and to pay his/her bills. What can you do? 

Does your spouse have a degree? What are they qualified to do? Are there such jobs in your community or your area? What is their work history? When was the last time they had a job? What was that job? You can request that the Court impute income to the other spouse. 

How do you accomplish this?

You can file a motion with the court for a vocational expert to be appointed to evaluate your spouse. Why would you do this? So that this expert witness can testify regarding the factors necessary to impute income such as, are jobs available in your area or community that your spouse qualifies to do. The vocational expert would inform the court of the necessary elements to impute income in the State of Florida.There must be competent substantial evidence that the spouse has the ability to earn that much money In the community. 

It is well established that any calculation as to the amount of imputed income must consider evidence of the prevailing earnings level in the community. What are the availability of specific jobs in the area for which your spouse qualifies. The vocational expert will testify regarding the local current job market and information on the prevailing wages in the community. 

The  Court must recite findings of particulars of the spouse’s work history, occupational qualifications, and the current job market in the community to support the imputation of income. 

Before a trial court can impute income to your spouse, it has to make particularized findings related to current job market, more recent work history, occupational qualifications, and prevailing earnings level in the local community where they and their family lives. 

The vocational expert will testify as to that because they meet with your spouse and obtain that information. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney-client privilege.