02-1301 DeBACHER V. DeBACHER

State: Florida

Court: Florida Third District Court

Docket No: 02-1301 DeBACHER V. DeBACHER

Case Date: 11/19/2003

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2003

BRUCE DeBACHER, Appellant, vs. MARIA DeBACHER, Appellee.

** ** ** ** ** CASE NOS. 3D02-1301; 3D02-1571 3D02-2343 LOWER TRIBUNAL NO. 00-26555

Opinion filed November 19, 2003. An appeal from the Circuit Court for Miami-Dade County, Rosa Rodriguez, Judge. Marks & West, P.A.; Greene, Smith & Associates, P.A. and Cynthia L. Greene, for appellant. Leinoff & Lemos, P.A.; Young, Berman, Karpf & Gonzalez, P.A. and Andrew S. Berman, for appellee.

Before SCHWARTZ, C.J., and GREEN and WELLS, JJ.

PER CURIAM. Of all the issues raised, we find that the trial court abused its discretion only when it failed to impute income to the former

wife in determining its child support award.

The child support

guidelines, section 61.30, specifically provide in pertinent part that: 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[.] (emphasis added).

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