Monday, January 9, 2012
"Roy's Desk" Florida Family Law Summary: Week of January 2, 2012
The Smith Family Law Firm, P.A. "Roy's Desk"
407 790 4800
815 Orienta Ave., Suite 2050
Altamonte Springs, FL 32701
FIRST FAMILY LAW APPELLATE OPINION OF 2012
Middleton v. Middleton (5th DCA) 1/6/12:
IMPUTATION OF INCOME
The trial court erred, as a matter of law, in concluding that it could not impute income to the wife because the husband’s expert could not “place the wife in a job” and there was no evidence that the wife had "turned down” specific employment. Instead, the trial court should have considered the wife’s work history, her occupational qualifications, and the prevailing earnings in the community for that class of available jobs.