Do you know of any Florida case law that I can review pertaining to intentional under employment for divorce and child custody?

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Do you know of any Florida case law that I can review pertaining to intentional under employment for divorce and child custody?

I have been trying to divorce my husband for 2.5 years. During that time, he stopped working, gave away the business to his business partner and moved into his mother’s apartment. He made 70k a year (tax returns) until I filed for divorce, and now claims to make only $6k a year. He refuses to agree to any of the settlement offers I have submitted, and continues to battle me for custody – yet we live over 500 miles apart. I am frustrated and shocked that the courts have allowed him to continue to run up my legal bills. Please tell me there is justice in this horid family law system!!!!

Asked on June 22, 2009 under Family Law, Alabama

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

In Florida, income on a monthly basis shall be imputed to an unemployed or underemployed parent when such employment or underemployment is found to be voluntary on that parent’s part, absent physical or mental incapacity or other circumstances over which the parent has no control.  In the event of such voluntary unemployment or underemployment, the employment potential and probable earnings level of the parent shall be determined based upon his or her recent work history, occupational qualifications, and prevailing earnings level in the community; however, the court may refuse to impute income to a primary residential parent if the court finds it necessary for the parent to stay home with the child.

Here's a link to the statute governing this:  http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0061/Sec30.htm

As for state law there are numerous cases on this.  However, it sounds as though you need to get an attorney;  if you already have one then maybe it's time to get another. 


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