For those going through a divorce, child custody and alimony are likely two of the most contentious issues. Both have far-reaching impacts on an individual's family and way of life. Now the methods judges use to make determinations about these issues in Florida may be changing.
Imputed income may be needed to determine the proper amount of child support and alimony that a party should pay or receive. A spouse may be unwilling to return to work after a divorce and seek enhanced child support and or alimony to allow him or her to remain at home. But the law requires both parents to work to support their children or themselves unless there is a good, practical reason that they are unable to do so. Or, a party may reduce his or her work hours and income to avoid paying appropriate child support or alimony: But the courts will not allow this voluntary unemployment.
Can my disability payments be reached to pay child support? The answer is yes. Any money that you receive, for disability, retirement or any other benefit or entitlement, if it can be sued to pay your personal expenses, will be included in your income when child support is calculated.
Once a parenting schedule is in place (see my blog on Child Custody), child support can be calculated. It must be calculated in a specific fashion and the parents may not agree to waive that obligation. The right to receive support belongs to the child and the parent cannot waive the child's rights.