What Are the Rules for Imputing Income to a Party?

Alan R. Burton Attorney at Law
Dollar Sign

Support awards in a family law case are generally made based upon the actual income of the parties involved in the proceeding.

However, often times it becomes necessary to impute income to either the husband or the wife, if either of them are underemployed or intentionally making themselves unemployed.

Who has the burden of proof when it comes to imputing income in situations like this; the husband, the wife, or the judge?

The answer is simple. The individual who seeks to impute income to the other spouse has the burden of proof. He or she must prove to the court by way of competent and substantial evidence that there is a sufficient basis to impute income to the other.

In the case of Mudafort v. Lee, 62 So 3d 1196 (Fla. 4th DCA 2011), the court was called upon to make a determination regarding the imputation of income. Although there was no dispute that the wife had voluntarily quit her job, since she was relocating, the question in this case was whether or not she was under employed in her new job.

In applying the particular facts as set forth in this cae, the court stated that the husband did not meet his burden to entitle him to impute income to his wife.

Client Reviews

Alan R. Burton is a good human being but truly a great lawyer. Alan R. Burton took my very weak case but with his dedication and smartness Alan R. Burton ended up winning it for me and most important Alan R. Burton won the case with 0% tolerance for lies and 100% for truth. I’m simply convinced with...

Amer A.

"Alan Burton represented me on a tough child support case. He was extremely professional, aggressive and ethical in the courtroom. He is very honest and knowledgeable. I would highly recommend him for any case, no questions asked. Thank you Mr. Burton for all of your help and support through this...

Abigail A.

"As a single working mother of two young children, I totally appreciated Alan's flexibility to E mail and to converse by phone. There were times I could only respond or ask questions regarding my case well after 6 P.M. and Alan always made himself available to suit my schedule. Alan is a single dad...

Stephanie C.

"I give great pleasure in writing this review for Mr. Alan Burton. He was a tremendous help in resolving my foreign divorce/child custody case. Very competent, knowledgeable and always available; day and night. I am located in the Middle East and had a very complicated divorce/child custody case...

David A.

"As any devoted parent who loves their children, imagine the thought of your children being abducted by another parent. The feeling of not knowing if you will ever get them back, the anxiety of court proceedings, and a possible International custody battle. This is something I would never want any...

Stefan B.

Get in Touch

  1. 1 Free Consultation
  2. 2 40 Years of Experience
  3. 3 Speak Directly to an Attorney
Fill out the contact form or call us at (954) 229-1660 to schedule your free consultation.

Leave Us a Message