Many parents believe that being unemployed gets them off the hook for child support. That belief is wrong and dangerously expensive. Florida courts do not ask what you’re making; they ask what you should be earning. Judges will assign income based on work history, qualifications, and available jobs—even when your paycheck is zero. In Naples, this rule affects both payers and recipients in ways most people don’t see coming.
Florida Law Gives Judges Full Authority to Impute Income
Under Florida Statute §61.30, courts can “impute” income to either parent when employment is lacking without justification, which means you are either voluntarily unemployed or underemployed. That means the judge assigns a dollar amount as if you’re earning it. They base this figure on previous earnings, job availability, or even expert testimony. You don’t get to decide what you can afford—the court does, unless you prove otherwise. Bergermann Law Firm helps Naples clients prevent the court from assigning unrealistic or unearned obligations.
The Court Judges Intent, Not Just Status
The law makes a distinction between involuntary and voluntary unemployment. If you were laid off, disabled, or furloughed, the court may delay support modification. If you quit your job or chose part-time hours to manipulate support, the court will still calculate full-time income. Judges look at the facts, patterns, and paperwork—not just excuses. We help you show what’s reasonable and real before assumptions become obligations.
Staying Home with Kids Is Not an Automatic Shield
Florida courts do recognize childcare needs, but that does not mean they excuse one parent from working indefinitely. Judges assess whether childcare is necessary, whether school is available, and whether both parents can contribute. In Naples, where cost of living is high, courts expect shared responsibility. If you choose to stay home, you’ll need to prove why that benefits the child and why earning isn’t feasible.
Underemployment Triggers the Same Red Flags
Working below your skill set or earning potential is not a legal loophole. If you trained as an accountant but now work as a barista by choice, the court will notice. It may assign income based on industry standards or prior salary. Florida judges take underemployment as seriously as joblessness—because the child’s needs remain constant. Strategic income reduction rarely fools the bench.
Evidence Is Everything in an Imputation Case
Without proof, the court fills in the blanks. If you lost your job, bring termination letters, job applications, or a detailed work search log. If you’re medically limited, bring documentation from licensed professionals. If you’ve tried and failed to get hired, show it. Bergermann Law Firm builds your defense with concrete evidence—not hopeful guesses. Without documentation, your silence becomes the court’s calculator.
Imputation Goes Both Ways
Income isn’t only imputed to the person paying support. Courts can also assign income to the receiving parent if they’re underemployed. Judges use the same lens for both sides: capacity, not current status. Naples clients often assume the system favors one side, but it doesn’t—it just follows the numbers. Fairness works both ways when facts back it up.
The Child’s Needs Always Come First
Florida courts don’t care about your job title—they care about the child’s routine, stability, and financial security. Even when parents argue, the judge stays focused on making sure the child has what they need. Whether you’re unemployed, switching careers, or staying home temporarily, the child remains the priority. If one parent stalls, the court acts swiftly. Our job is to help you stay ahead of that decision.
Let the Court Hear Your Truth—Not Guess It
If you’re unemployed or underemployed and living in Naples, your silence won’t protect you. At Bergermann Law Firm, located in Fort Myers, we help you document facts, present evidence, and avoid income assumptions that don’t reflect reality. Call (239) 334-0075 today before the court assigns a number that rewrites your financial future without your input.
