5D04-1931 Jones v.Jones

State: Florida

Court: Florida Fifth District Court

Docket No: 5D04-1931

Case Date: 02/13/2006

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2006 SUZANNE JONES, Appellant, v. RAYMOND D. JONES, Appellee. ________________________________/ Opinion filed February 17, 2006 Appeal from the Circuit Court for Volusia County, Patrick G. Kennedy, Judge. Joan Stefanec Briggs, of Adams, Briggs & Briggs, Daytona Beach, for Appellant. Sean K. Ahmed of Nichols & Ahmed, P.A., Daytona Beach, for Appellee. PALMER, J. Suzanne Jones (wife) appeals the trial court's final order dissolving her marriage to Raymond Jones (husband). Concluding that the trial court erred in imputing income to the wife equal to that of the husband, we reverse. Section 61.30(2)(b) of the Florida Statutes (2002) provides the following, with regard to imputed income: 61.30. Child support guidelines; retroactive child support *** (2) Income shall be determined on a monthly basis for the obligor and for the obligee as follows: *** (b) 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 Case No. 5D04-1931

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; however, the court may refuse to impute income to a primary residential parent if the court finds it necessary for the parent to stay home with the child.

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