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How can they put on the child support paper work that I make 7.79 for 40 hours a week even though I have no job or money?

Naples, FL |

They said that I owe 3200 based on my income even though my income is 0.00

Attorney Answers 4


  1. The court may impute income to a voluntarily under or unemployed individual for child support purposes. In your case it would appear that the court imputed a minimum wage to you based upon a 40 hour work week.

    Sincerely,

    Daniel Bachert, Esq.
    The Bachert Law Firm, P.A.
    330 Clematis Street, Suite 222
    West Palm Beach, Florida 33401
    (561) 653-3951
    Palm-Beach-Divorces.com

    Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.


  2. For the purposes of determining a child support obligation, the court is going to impute, at a minimum, minimum wage income to a potential child support obligor even in a situation where that person is unemployed.


  3. Based on the numbers that you provided, it appears that minimum wage has been imputed to you in the calculation of child support. The court has the discretion to do so, assuming that you are able-bodied and otherwise able to work (i.e. not here on a visa).

    If you believe there was an error, you should immediately consult with an attorney, since there may be as few as 10 days from the date that an order was entered to ask for a rehearing.

    Nothing in this post should be considered as specific legal advice, since the attorney has not been made aware of all of the facts and has not reviewed the pertinent documents. Further, this post is for informational and educational purposes and does not establish a lawyer-client relationship.

    Eileen D. Jacobs, Esq.
    Office: 2505 W. Virginia Avenue
    Tampa, FL 33607
    (813) 877-9600
    Mailing: P.O. Box 14953
    Clearwater, Florida 33766-4953
    (727) 787-6595


  4. Sounds like minimum wage for 40 hours a week was imputed to you. You are responsible for child support whether you work or not because it is your children's right to receive child support. The states imputes income because you are ABLE to work even if you are not actually currently working. The children still need to be cared for. They still need food and water and electricity, ect...

    Please be advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question. If you need further assistance, please arrange for an in person consultation with an attorney from the Kramer Law Firm, or another Family Law Attorney in the area.

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