Thursday, September 29, 2011

Second District Reverses Imputation for Insufficient Findings

In Torres v. Torres the Second District Court reversed the lower court’s imputation of income on Tuesday, finding that there were insufficient findings to support the imputation of income to the Husband in that case.  While the Wife testified that the Husband could work for his previous employer, the Court cited Burkley v. Burkley, 911 So.2d 262, 269 (Fla. 5th DCA 2005) for the proposition that “[M]ere allegations of employability do not constitute competent, substantial evidence for imputing income.”  Of note is the fact that, while no exception was taken to the Magistrate’s imputation, the error was found to be evident on the face of the ruling, and thus subject to appeal.

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