When it comes to determining spousal or child support in a Florida divorce, a lot more goes into the equation than simply what each party says they earn. One spouse may be unemployed or earning less than they once did—either voluntarily or due to circumstance—while the other is left questioning whether the numbers on paper reflect reality. In these cases, the court may turn to a vocational expert for guidance.
But what happens when a vocational expert says you’re capable of earning significantly more than you currently do? Can the court treat you as if you’re earning that amount anyway? The short answer: yes, through a process called imputed income. As a Tampa divorce lawyer, I regularly work with clients facing the consequences of imputed income and vocational evaluations, and it’s essential to understand how they impact your financial future.
This article explores what it means when income is imputed, how vocational experts influence that process, and what you can do to protect your interests if your earning capacity becomes a point of contention in your divorce.
What Is Imputed Income?
Imputed income is income that a court assigns to a person, even if they are not actually earning that amount. In Florida divorce cases, courts may impute income to a spouse if they believe that person is voluntarily unemployed or underemployed. The idea is to prevent someone from dodging support obligations by intentionally earning less than they are capable of.
Florida courts don’t take imputation lightly. To impute income, the court must find that the spouse has the ability to earn more and that their current employment situation is not due to circumstances beyond their control. The court must also base its imputation on evidence, not speculation—and that’s where a vocational expert comes in.
How Vocational Experts Fit Into the Equation
A vocational expert is a professional who evaluates a person’s ability to work and earn income. They analyze various factors such as education, work history, job skills, physical or mental limitations, and the current job market in the Tampa area.
A vocational expert may be retained by one party or jointly appointed by the court. Once hired, the expert conducts a thorough assessment and provides a report detailing:
- What type of work the individual is capable of doing
- Whether they are currently underemployed
- The average wage for someone with their skills in the Tampa job market
- What jobs are available that match the person’s qualifications
- What retraining or education would be necessary to increase earning potential
The report can have significant weight in your case. If a vocational expert concludes that you could be earning $75,000 per year based on your qualifications and job market conditions—but you’re currently making $35,000—the court may impute the higher income to you when calculating alimony or child support.
As a Tampa divorce lawyer, I’ve seen firsthand how a strong vocational report can make or break a support case.
When Is Imputed Income Most Common?
Imputed income comes up frequently in divorce and child support cases when one spouse believes the other is intentionally earning less to skew support calculations. Common scenarios include:
- Stay-at-home parents re-entering the workforce: A spouse who has been out of work for years may claim low or no income despite having the education or experience to earn significantly more.
- Voluntary job changes: A spouse who quits a high-paying job for a lower-paying or part-time position may trigger income imputation.
- Failure to seek employment: A party who is not making a good-faith effort to find work may face imputed income.
- Self-employment manipulation: A self-employed spouse may report lower income than they actually earn by inflating expenses or failing to disclose cash payments.
In each of these situations, a vocational expert may be called upon to assess whether the person’s earning capacity is being underutilized.
How Florida Courts Use Vocational Testimony
Florida family courts are tasked with making fair and equitable decisions, especially when it comes to the financial responsibilities between former spouses or co-parents. The use of a vocational expert provides the court with objective, professional insight into a person’s true earning capacity.
Under Florida Statute §61.30, which governs child support guidelines, courts may impute income to a parent if they find that parent is voluntarily unemployed or underemployed. A similar principle applies to alimony awards.
Judges rely on vocational reports to determine:
- Whether a spouse’s current income is reasonable based on their qualifications and job history
- Whether they are making a genuine effort to earn income
- Whether their current earning situation reflects a temporary hardship or a pattern of voluntary underemployment
- What amount should be imputed for support calculations
When you work with a skilled Tampa divorce lawyer, they’ll know how to challenge or support vocational expert findings depending on your goals in the case.
The Standard for Imputing Income in Florida
Florida courts do not automatically impute income just because someone is unemployed or earning less than they once did. There is a burden of proof involved. The party seeking to impute income to the other must show:
- The spouse has the ability to earn more.
- The spouse is not earning to their full potential voluntarily.
- There are jobs available in the area consistent with the person’s qualifications.
Courts must also make specific findings on the record regarding the source of the imputed income, including the expected job, hours, pay rate, and availability of that work in the geographic area.
This is why the involvement of a vocational expert is so important. A credible report with Tampa-specific job data provides exactly the kind of evidence the court needs to impute income appropriately.
How a Tampa Divorce Lawyer Uses Vocational Reports Strategically
Whether you are the higher-earning spouse concerned about being taken advantage of or the lower-earning spouse worried about unrealistic expectations, your Tampa divorce lawyer will evaluate whether a vocational expert helps or harms your case.
Here’s how vocational evaluations are strategically used:
- To minimize alimony: If your ex-spouse is refusing to work or deliberately earning less, a vocational expert can show what they should be earning, potentially reducing your alimony obligation.
- To support rehabilitative alimony: If you’ve been out of work for a while but want to return, a vocational report can support a claim for temporary alimony while you retrain or get back on your feet.
- To challenge inflated expectations: If your spouse tries to claim you can earn more than is realistic, your attorney can cross-examine the vocational expert or bring in a rebuttal expert to offer a more accurate view.
Having a Tampa divorce lawyer who understands how to work with vocational experts—both in negotiations and at trial—can be a decisive advantage.
What to Expect If You’re Evaluated by a Vocational Expert
If you’re ordered to undergo a vocational evaluation, you’ll likely meet with the expert for one or more interviews. The evaluator may:
- Review your resume and past employment records
- Ask about your education and certifications
- Assess your current skills and aptitudes
- Review any physical or mental health limitations
- Conduct standardized testing
- Analyze your local job market
The evaluation is not something to take lightly. Your responses, demeanor, and willingness to cooperate all factor into the final report.
Your Tampa divorce lawyer can help you prepare by reviewing likely questions, ensuring accurate records are provided, and advising you on how to present your work history and capabilities honestly.
Can You Fight Back Against Imputed Income?
Yes. If a vocational expert’s report paints an unfair or unrealistic picture of your earning potential, there are several ways your Tampa divorce lawyer can challenge it:
- Present evidence of job applications and rejections
- Provide proof of health conditions that limit employment
- Highlight outdated or irrelevant skills
- Show that the jobs listed in the report aren’t realistically available
- Question the credentials or biases of the expert
In some cases, it may be worthwhile to hire your own vocational expert to conduct an independent evaluation. Courts may consider both reports before making a decision.
When Imputed Income Becomes Permanent
One of the most important reasons to take vocational evaluations seriously is because imputed income can have long-term effects. If a court imputes income during your divorce and incorporates it into your alimony or child support order, that figure becomes the baseline for future modifications unless circumstances change significantly.
For example, if a court imputes $80,000 of income to you during divorce but you’re only earning $40,000, your support obligations (or entitlements) will be based on the $80,000 unless you later prove you’ve made a good-faith effort to earn that amount and couldn’t.
That’s why early advocacy and proper legal strategy—guided by a seasoned Tampa divorce lawyer—are crucial in cases involving imputed income.
Frequently Asked Questions
Can a vocational expert really say I’m capable of earning more than I am?
Yes. A vocational expert can assess your skills, experience, and the local job market to determine your earning capacity. If their findings suggest you could be earning more, the court may use that information to impute income—even if you’re not currently making that amount.
Is it legal for the court to base support on income I don’t actually earn?
Yes. Florida courts are allowed to impute income when they find a spouse is voluntarily underemployed or unemployed. The court must make factual findings supported by evidence, often including a vocational expert’s report.
What if I left a high-paying job for mental health reasons or to care for a child?
You can present evidence of your reasons for leaving, and the court will evaluate whether your unemployment or underemployment was voluntary. Documentation is key. Your Tampa divorce lawyer can help you prepare your case to show that your decision was reasonable.
Do I have to pay for the vocational expert?
It depends. Sometimes both parties split the cost, especially if the expert is court-appointed. In other cases, the requesting party pays the fee. Your attorney can advocate for fair allocation based on your circumstances.
What happens if I refuse to participate in a vocational evaluation?
If the court has ordered the evaluation and you refuse to comply, the judge can proceed without it and may impute income anyway based on the available evidence. Refusal may also hurt your credibility.
How long does a vocational evaluation take?
The process typically takes a few weeks from initial consultation to final report. The timing may vary depending on the expert’s availability, the complexity of your background, and how quickly you provide the required information.
Can I appeal imputed income decisions?
Yes, you can appeal, but appellate courts typically defer to the trial court’s discretion. It’s better to challenge the findings at trial through testimony, cross-examination, and evidence rather than waiting for an appeal.
What if I can’t find a job that matches what the expert says I should earn?
You may be able to modify the support order later by showing you made a good-faith effort to find work and couldn’t secure a job at the imputed income level. Document everything—job applications, interviews, and rejection letters.
Is imputed income used only in alimony cases?
No. It’s used in both alimony and child support cases. In fact, courts often impute income in child support disputes when one parent isn’t contributing fairly to the child’s needs.
Can my spouse request that my income be imputed even if I’m working full-time?
Yes, if your spouse believes you’re working below your qualifications or could earn significantly more. They would need to support their claim with evidence, which often includes a vocational expert’s evaluation.
Divorce can be emotionally overwhelming—but don’t let misconceptions about your income or career prospects create an unfair financial burden. Whether you’re concerned about your spouse manipulating income claims or you’re being accused of underemployment yourself, a vocational expert’s opinion can play a pivotal role in your future.
At The McKinney Law Group, we understand how Florida courts handle vocational evaluations and imputed income. As experienced Tampa divorce lawyers, we use this knowledge to craft strategic, evidence-based arguments that protect your financial interests and position you for success—inside and outside the courtroom.
The McKinney Law Group: Aggressive Legal Protection in High-Stakes Tampa Divorces
When emotions are high and the financial stakes are even higher, you need a legal advocate who won’t back down. At The McKinney Law Group, we provide strong, strategic divorce representation for Tampa clients involved in high-conflict or high-asset divorce matters.
We assist with:
✔ Litigating disputes over real estate, business assets, and investments
✔ Uncovering hidden assets or improper financial conduct
✔ Fighting for fair custody arrangements in difficult situations
✔ Handling subpoenas, depositions, and trial preparation
✔ Protecting your legal and financial interests at every turn
When the stakes are high, you need experience you can trust.
Call 813-428-3400 or email [email protected] to speak with a Tampa divorce attorney.