Case: Piccinni v. Waxer (2021) – 5th DCA
Topic: Imputation of Income
Ruling: To properly impute income to an unemployed or underemployed spouse or parent under section 61.30(2)(b), Florida Statutes (2018), our court has held that a trial court must first find that “any ‘termination of income was voluntary’; and second, that the spouse’s underemployment was owing to ‘less than diligent and bona fide efforts to find employment paying income at a level equal to or better than that formerly received.’” Frerking v. Stacy, 266 So. 3d 273, 276 (Fla. 5th DCA 2019) (quoting Schram v. Schram, 932 So. 2d 245, 249–50 (Fla. 4th DCA 2005)).
Note: The Court’s opinion was filed on July 2nd, but NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED