REBECCA M. GAY, APPELLANT,
v.
CHRISTOPHER M. GAY, APPELLEE.
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Rebecca Gay appealed a final judgment in her marriage dissolution case in which the trial court imputed $2,000 monthly income to her for child support calculations without finding her unemployment was voluntary. The Florida District Court of Appeal reversed, holding that statutory requirements for income imputation were not satisfied.
The court reversed because the trial court imputed income to Ms. Gay without making the statutorily required finding that her unemployment was voluntary. The court remanded for reconsideration of the income imputation and child support calculation.
[1] A trial court may impute income to an unemployed parent only if the unemployment is found to be voluntary.
[2] A finding of voluntary unemployment must be supported by competent, substantial evidence.
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Join FLexlaw to unlock all legal intelligence“monthly income can be imputed to an unemployed parent only if such unemployment "is found ... to be voluntary."”
Establishes the statutory requirement for income imputation under Florida Statute §61.30(2)(b)
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Join FLexlaw to unlock all legal intelligenceRebecca Gay was dismissed from employment in 2010 due to work performance issues and refusing to take a drug test. She subsequently worked for family …
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Rebecca M. Gay appeals a final judgment of marriage dissolution's imputation of income, which affected the child support calculations. The lower court imputed two thousand dollars of monthly income to Ms. Gay without finding that her unemployment was voluntary. We reverse.
Our standard for reviewing decisions imputing income under section 61.30(2)(b), Florida Statutes, is whether the trial court's decision is supported by competent, substantial evidence. Leonard v. Leonard , 971 So.2d 263, 266 (Fla. 1st DCA 2008). According to the statute, monthly income can be imputed to an unemployed parent only if such unemployment "is found ... to be voluntary." § 61.30(2)(b), Fla. Stat. (2017). See, e.g. , Marlowe v. Marlowe , 123 So.3d 1194, 1195-96 (Fla. 1st DCA 2013) (reversing where the trial court failed to "provide any factual basis for its conclusion that the former wife was voluntarily underemployed"). Here, the judgment imputes income to Ms. Gay without a finding that she was voluntarily unemployed. The trial court's order noted that Ms. Gay had been dismissed from prior employment in 2010 due to work performance issues and refusing to take a drug test. It did not find, however, that this termination was voluntary. The order also noted that Ms. Gay was employed more recently by family members. This work also came to an end, but again there was no indication that this *260work ended voluntarily. Other record evidence indicates that Ms. Gay was applying for jobs on a weekly basis and intended to take classes and become registered to work as an echocardiogram and ultrasound technician. On this record, and without key findings supporting the imputation of income, we must reverse and remand for reconsideration of the decision to impute income and of the child support calculation.
REVERSED and REMANDED .
Rowe, Osterhaus, and Kelsey, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Leonard v. Leonard, 971 So. 2d 263 (Fla. 1st DCA 2008)
- Marlowe v. Wally R. Marlowe, 123 So. 3d 1194 (Fla. 1st DCA 2013)