Ask a Miami divorce lawyer: Child support and unemployment

As your Miami divorce lawyer will inform you, your financial standing – which is established by your income, assets, and obligations – will affect practically every aspect of your divorce settlement, from property division to child support payments. But, if you or your spouse are unemployed at the time of your separation, you may wonder how this will impact these calculations.

If, for instance, one individual has willingly chosen to remain unemployed for an extended period, will their financial need and ability to provide support be be determined based on their current status? While you will have to consult your Miami divorce lawyer about your individual case, Florida law does touch on this issue in general.

The relevant portion of Statute 61.30 reads as follows:

“Monthly income shall be imputed to an unemployed or underemployed parent if such unemployment or underemployment is found by the court to be voluntary on that parent’s part, absent a finding of fact by the court of physical or mental incapacity or other circumstances over which the parent has no control.”

If one of the involved parties in a divorce is considered voluntarily unemployed, the Miami attorneys and presiding judge will refer to their past work history and qualifications to determine their “potential or probable earnings.” That figure will then be referred to for child support purposes.

Even amicable separations can turn hostile if spouses have different ideas about how to divide assets and provide for their children. But, with the help of a Miami divorce lawyer, you can rest assured that your interests are being effectively represented. Contact experienced Miami family attorney Scott A. Ferris, Esq. today at 305-670-3330 to discuss your case.