"Roy's Desk" Florida Family Law Summary: Week of January 2, 2012

The Smith Family Law Firm, P.A. "Roy's Desk"

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Altamonte Springs, FL 32701

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FIRST FAMILY LAW APPELLATE OPINION OF 2012

Middleton v. Middleton (5^th 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.