DRUSILLA VALLETTE, APPELLANT,
v.
WILLIAM VALLETTE, APPELLEE
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Florida appellate court affirmed custody change but reversed imputation of income to wife for child support purposes, finding no competent evidence supported the $1,500 monthly income figure.
A trial court's imputation of income to a wife for child support purposes must be supported by competent evidence of her current earning capacity, not stale financial affidavits or income from other household members.
[1] Income imputation for child support must be based on competent evidence of current earning capacity and cannot rely on stale financial affidavits or income contributions…
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Join FLexlaw to unlock all legal intelligenceIn a custody and support dispute, the trial court changed primary physical residence of minor children to the husband and imputed $1,500 monthly incom…
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PER CURIAM.
We affirm the final judgment with respect to the change in custody. There was substantial competent evidence to support the change in primary physical residence of the minor children.
We reverse, however, as to the imputation of income to the wife. The trial court imputed an earnings level to the wife of $1,500 per month. The evidence showed that she worked in a bar owned by her husband and his mother, but the evidence also indicated that she was not paid for her services and that the bar was losing money. While the husband’s attorney argued that the trial court could impute income equivalent to the household expenses that were being paid, the evidence showed that the wife’s new husband earned income and contributed to those expenses. The new husband’s income should not be considered for purposes of imputing income to the wife. Moreover, the wife’s relatives testified that they paid some of the wife’s household expenses. Although the wife’s financial affidavit'from four years ago indicated that she earned $1,500 as a dog trainer and groomer, there was no evidence that she could earn that much currently or continued to have the skills to engage in that occupation. Thus, there was no competent evidence in the record to support the trial court’s determination. We therefore must remand this matter to the trial court to reconsider the amount of income to be imputed to the wife for purposes of establishing an award for child support. Affirmed in part; reversed in part and remanded.
STONE, WARNER and SHAHOOD, JJ., concur.
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Burkhardt v. Bass, 711 So. 2d 158 (Fla. 4th DCA 1998)…nal qualifications, and prevailing earnings level in the community. A trial court’s findings regarding modification of child support and imputation of income will be affirmed if supported by substantial competent evidence. See Vallette v. Vallette, 693 So. 2d 1121 (Fla. 4th DCA 1997); Wander v. Wander, 485 So. 2d 896 (Fla. 4th DCA 1986); Vaccaro v. Vaccaro, 677 So. 2d 918 (Fla. 5th DCA 1996). Here, there is substantial competent evidence to support the trial court’s decision to impute a net monthly income of…
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Holder v. Lopez, 274 So. 3d 518 (Fla. 1st DCA 2019)…tential and probable earnings . . . based upon his or her recent work history, occupational qualifications, and prevailing earnings level in the community if such information is available,” under § 61.30(2)(b), Fla. Stat.); Vallette v. Vallette, 693 So. 2d 1121, 1121 (Fla. 4th DCA 1997) (requiring current evidence of skills and of available jobs in the current market at similar income); Cooper v. Cooper, 639 So. 2d 153, 155 (Fla. 2d DCA 1994) (holding imputed income must be “based on a finding that the…