BRANDON LEE BURGESS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Cash v. Cash, 122 So. 3d 430 (Fla. 2d DCA 2013)
  …mstances over which the parent has no control.” § 61.30(2)(b). Imputing income is a two-step analysis: “(1) the determination of whether the parent’s underemployment was voluntary, and (2) if so, the calculation of imputed income.” Bator v. Osborne, 983 So. 2d 1198, 1200 (Fla. 2d DCA 2008). The former husband had the burden of proof as the party asserting that the former wife was voluntarily unemployed and that income should be imputed to her. See Torres v. Torres, 98 So. 3d 1171, 1172 (Fla. 2d DCA 2011). “The…
• Hoffman v. Melodie Joy Hoffman, 98 So. 3d 196 (Fla. 2d DCA 2012)
  …ny indication that the court imputed income to the former husband for the period after December 10, 2010, or any evidence supporting the imputation necessary to reach a monthly income of $3000. See § 61.30(2)(b), Fla. Stat. (2009); Bator v. Osborne, 983 So. 2d 1198, 1200 (Fla. 2d DCA 2008). We therefore reverse and remand for further proceedings with regard to the former husband’s child support obligation beginning December 13, 2010. Reversed and remanded. VILLANTI and LaROSE, JJ., Concur. . The order on ap…
• Gillette v. Gillette, 226 So. 3d 958 (Fla. 4th DCA 2017)
  …arning less than $13,200 per year. The circuit court found that he was “voluntarily underemployed” and the Second District affirmed, finding “the evidence sufficient to support the trial court’s determination.” Id. at 843; see also Bator v. Osborne, 983 So. 2d 1198, 1199-1200 (Fla. 2d DCA 2008) (finding “ample evidence” to support a similar result). In Vazquez v. Vazquez, 922 So. 2d 368, 372 (Fla. 4th DCA 2006), the former husband petitioned the court for a downward departure of his child support obligations…

Authorities Cited

• Bryan v. State, 947 So. 2d 1270 (Fla. 5th DCA 2007)