Court of Appeals Considers Imputed Income in Child Support Calculation

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Calculating monthly alimony and child support payments can be a challenge when the spouse that the court has designated as the paying spouse is unemployed. Florida’s Court of Appeal for the Second District recently issued an opinion in the case titled Back v. Back, which discussed when it is appropriate for a court to impute income to an unemployed parent. Learn more about the case, and when a court can impute income, below.

The couple at the center of Back v. Back had been scheduled to begin the court hearing on the dissolution of their marriage on June 19, 2013. Only two weeks before, the husband had been fired from a position he held as an insurance agent, and would be receiving a modest severance check each month from that employer going forward. While he still held one part-time job, his monthly income was to become $1719. Nevertheless, the trial court imputed an income of $140,000 to the husband when calculating his child support obligation. The husband appealed this decision.

Imputing income is the process of determining what a spouse or parent is capable of earning when that party either has no income or is earning substantially less than that which they’re able to earn, and using that imputed income to calculate the payment the spouse should either receive or pay in support. There are a number of circumstances where a court might impute income to a party to a divorce or child custody determination. Commonly, when a court is determining how much the paying spouse’s monthly alimony obligation will be, and the receiving spouse is unemployed, the court will impute income to the receiving spouse. The higher the imputed income, the smaller the amount of alimony that spouse will receive. Under certain circumstances, a court will impute income to a paying spouse who is either underemployed or unemployed, especially where the court believes that the lack of earnings is in some way within that spouse’s control. However, where the court determines that a spouse is involuntarily unemployed, then that court should not impute income to that spouse.

In the case at hand, the Court of Appeals determined that the trial court had made an error by imputing income to the husband. The wife had argued that the decision regarding imputed income should stand, as the husband had very recently been earning the amount imputed to him. The husband had also testified at the time of the hearing that he had several interviews lined up, though he had not yet been offered any positions. The Court of Appeals ruled that the trial court should recalculate the husband’s child support payment based on his actual income, rather than his imputed income.

If you are in need of skilled and effective legal representation during your Florida divorce or child custody dispute, contact the Pensacola offices of Crystal Collins Spencer for a consultation at 850-912-8080, with additional offices in Sandestin (850-424-6683) and Fort Walton (850-200-4652).

The Role of the Social Investigator in Florida Custody Disputes

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The most challenging part of a divorce where children are involved is determining where those children will live after the split, and how much visitation time the other parent will have with the children. While it may be ideal for parents to reach a consensus on these issues without going to court, often spouses have become too embattled to find an amicable arrangement without outside help. When custody disputes end up before a court, the judge will use a number of sources to determine what arrangement would be in the child’s best interest, including the report of a social investigator. Read on for more information about the social investigation process.

Social investigations are evaluations of the parents and children involved in a custodial dispute, typically conducted by neutral mental health professionals. Courts may order that a social investigation be conducted where a judge has concerns about the fitness of a parent, the safety of a child’s living situation, or other concerns for the child’s well-being. Parents may request a social investigation if they have concerns about their child’s living situation or believe that their child is being abused by that co-parent. During a social investigation, the mental health professional may conduct a study in one or both of the parents’ homes, speak with character references submitted by the parents, interview the children and parents, speak with other family members who have a prominent role in the child’s life, or conduct background checks into the criminal and professional histories of the parents. The investigator will compile the information gathered from their research into a report, which may include recommendations on how the judge should allocate custody. These recommendations can have a major impact on the court’s decision. For that reason, it is important to hire a Florida family law attorney who can help you prepare for the social investigation process, and can rebut a report that appears to you to be biased or incorrect.

If you are in need of experienced and compassionate legal assistance with your Florida divorce or custodial dispute, contact Crystal Collins Spencer, Attorney at Law, for a consultation on your case, with offices in Pensacola (850-912-8080), Sandestin (850-424-6683), and Fort Walton Beach (850-200-4652).

Should I Consider a Prenup?

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Raising the topic of prenuptial agreements can cause some spouses-to-be to bristle. While a prenup might not be the most romantic topic of conversation, these contracts don’t have to mean that you expect your marriage to fail. A prenuptial agreement can serve as a reassuring guarantee to both you and your future spouse, should the relationship deteriorate over time, and can protect other family members’ rights if you have children from an earlier marriage. Read on for more reasons why a prenuptial agreement may be a good solution for you, and how an experienced Florida family law attorney can help.

Prenuptial agreements can assure both spouses that a divorce would go quickly and smoothly

During a divorce, battles over how property will be divided, or what constitutes an appropriate amount of spousal support each month, can go on for an extended period of time. A written prenuptial agreement can clearly delineate an amount of alimony based on the length of the marriage, as well as how long those payments should last. A prenup can also provide an assurance that one spouse would retain certain real or personal property in the event of a split.

Prenuptial agreements will provide security for your children from a prior relationship

When a married person dies in Florida, the widowed spouse can either take the share of the deceased person’s estate as left to them in the will, or they can choose to take what is known as their elective share, which could be a larger portion of the deceased person’s assets than they had chosen to leave their spouse. If you have children from an earlier marriage, you may want an assurance that your financially-comfortable spouse will not take an excessive portion of your estate which you wished to have benefit your children. Agreeing to waive the right to take an elective share in a prenuptial agreement can provide this assurance.

Prenuptial agreements offer an opportunity to become intimately familiar with your spouse’s finances before marriage

Many couples avoid having detailed conversations about money before getting married, and in fact, a substantial number of divorces are attributed to fights over money. Drafting a prenuptial agreement offers you the occasion to have a frank conversation about finances, forcing you to disclose all details of your assets and debts up front. In the prenuptial agreement, you can agree that certain assets and debts will remain separate property, allowing you to avoid worrying about what will happen in the event of a divorce.

If you would like to discuss how a Florida prenuptial agreement could benefit you and your partner, contact the knowledgeable and diligent family law attorneys at Crystal Collins Spencer, Attorney at Law, for a consultation, in Pensacola at 850-912-8080, or at our offices in Sandestin (850-424-6683) or Ft. Walton Beach (850-200-4652).

Find a Child Custody Schedule that’s Best for Your Kids

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Helping your children feel stable and secure after a divorce can be hard, and both of these feelings are critically influenced by the manner and schedule by which you exchange custody with your co-parent. Use the following points to guide your conversation on finding a workable schedule for sharing custody after your divorce.

  1. Communicate the schedule clearly with your children

After a divorce, your children will want a return to predictability and stability. Make sure that you find a custody schedule that both you and your co-parent can and will adhere to, and see that your children are always aware of that schedule. Predictability offers your children a feeling of control over their lives and can help reduce anxiety they may experience around changing homes.

  1. Keep your children’s needs first

Your children’s schedules and developmental needs should be the primary considerations when designing a custody-sharing arrangement. For example, younger kids typically need more frequent in-person time with you to maintain a strong bond than older kids might. Older children will also want to be able to spend time with their friends on a regular basis, which may mean that they will want to spend more time at the home of the parent nearest their school and friends. As a result, a custody schedule may work well for a time but need periodic review as your children grow and take on new extracurricular activities. Remain adaptable to changes that best promote your children’s happiness.

  1. Make your schedule as simple as possible

A complicated, unintuitive pattern for when your children are at one parent’s house versus the other’s will only serve to leave both you and your kids off-kilter and, possibly, prone to forgetting where your kids should be and when. Keep the exchange schedule easy to remember. This is especially helpful if you and your ex have difficulty communicating calmly; the fewer complications in the schedule, the less you’ll need to discuss it.

  1. Decide early where children will be spending holidays

Often, courts will help you allocate holidays between the two parents during a divorce or division of custody. If not, avoid dramatic last-minute fights by agreeing to such a schedule far in advance. Don’t forget to also request custody for any other special days you may wish to spend with your children, such as birthdays or family reunions.

For compassionate, knowledgeable legal assistance with your Florida divorce or custodial dispute, contact Pensacola family law attorney Crystal Collins Spencer for assistance with your case, with offices conveniently located in Pensacola (850-912-8080), Sandestin (850-424-6683), and Fort Walton Beach (850-200-4652).