YANN GERVILLE-REACHE, FORMER HUSBAND
v.
INA GERVILLE-REACHE, FORMER WIFE
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A trial court may impute income to a parent based on voluntary underemployment when the parent abandons a former career to pursue other interests.
[1] A parent's voluntary abandonment of a former career to pursue other business interests constitutes voluntary underemployment sufficient to support imputation of income fo…
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Join FLexlaw to unlock all legal intelligence“Voluntary underemployment is a sufficient basis upon which to impute income.”
Court's statement of law regarding income imputation in child support modification cases.
The former husband appealed a trial court order denying his supplemental petition to modify child support. The trial court found that the husband volu…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D19-1331 _____________________________
YANN GERVILLE-REACHE, Former Husband,
Appellant,
v.
INA GERVILLE-REACHE, Former Wife,
Appellee. _____________________________
On appeal from the Circuit Court for Duval County.
W. Gregg McCaulie, Judge.
June 11, 2020
PER CURIAM.
The former husband appeals from a trial court order in which the court denied his supplemental petition to modify child support. In his first issue on appeal, the husband argues the trial court erred by imputing income to him. We disagree. The trial court made detailed findings supporting its ruling that the husband’s decision to abandon his former career in logistics to build a real estate career was a voluntary underemployment to pursue his own interests. Voluntary underemployment is a sufficient basis upon which to impute income. See Windsor v. Windsor, 262 So. 3d 853, 855 (Fla. 1st DCA 2018). We affirm the portion of the order
2
denying the former husband’s supplemental petition to modify child support.1 The former husband also argues that the portion of the trial court’s order requiring him to pay child support due in June 2018 through January 2019 should be reversed because there was no evidence that those amounts were still due. The former wife concedes error, and the record shows that the former husband had become current on the payments in December 2018. We reverse that portion of the order on appeal and remand for further proceedings.2 WOLF, ROBERTS, and ROWE, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
3
William S. Graessle and Jonathan W. Graessle of William S. Graessle, P.A., Jacksonville, for Appellant.
Stephanie A. Sussman of Bledsoe, Jacobson, Schmidt, Wright & Sussman, Jacksonville, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hentze v. Cherolyn Janel Denys, 88 So. 3d 307 (Fla. 1st DCA 2012)
- MacKenzie v. Centex Homes, 208 So. 3d 790 (Fla. 5th DCA 2016)
- Windsor v. Windsor, 262 So. 3d 853 (Fla. 1st DCA 2018)