It sounds as if you are referring to imputing income to him based on his nonparticipation, and not a deviation from child support guidelines. The court can impute income pursuant to Florida statute 61.30 if a parent fails to participate or fails to supply adequate financial information in a child support proceeding. If the court finds one or the other, the statute provides that "...income shall be automatically imputed to the parent and there is a rebuttable presumption that the parent has income equivalent to the median income of year-round full-time workers as derived from current population reports or replacement reports published by the United States Bureau of the Census."
Legal disclaimer: this response is not intended to create any attorney-client relationship and is based on the limited facts given and should not be relied on as legal advice. It is recommended that you consult with an attorney before taking any action based on the foregoing statements.
Without an understanding as to the basis for your motion to deviate, it is not possible to provide even a general answer, other than to specify that you are entitled to subpoena information from the father's employer and to present that information to the court.
I suggest that you consult with an experienced family law attorney in your area, bringing with you all of the documents filed in the case and any documents that you have concerning the father's income and assets.
The above post is not intended as specific legal advice, since not all pertinent facts are known to the posting attorney. This answer does not constitute legal advice or create an attorney-client relationship.
Eileen D. Jacobs, Esq.
Office: 2505 W. Virginia Avenue
Tampa, FL 33607
Mailing: P.O. Box 14953
Clearwater, Florida 33766-4953
Even with a default, you must prove his income in order for the court to award financial support of any kind. So your motion to deviate will only be helpful if he provides financial information or if you have some evidence of his income to provide to the court (such as recent paystubs, etc.) Even if you are trying to prove imputed income you will have to provide evidence to the courts to support the imputation of income to him.
There are other ways to obtain information about his income, however you will likely need an experienced family law attorney to assist you in this.
Sandra K. Ambrose
It sounds as though you want to deviate upward. That will be difficult without the evidence of his income. Why did you file a Paternity action, and Not a child support only action?
I handle all family Matt's in Lee and Collier counties. Contact my office for a free consultation, (239) 732-6631.