Florida Court Case Involves Imputed Income, Contested Alimony, And Child Support

The Florida Courts must apply rigid standards when calculating child support and alimony. These calculations must be shown in the case record. When the courts fail to use the strict standards to calculate alimony and child support, you can appeal the decision. That’s precisely what happened in the case of Thermidor v. Pierre, No. 4D2024-2133 (Fla. 4th DCA Aug. 13, 2025). In this article, the Orlando family law attorneys at Greater Orlando Family Law will discuss the case and its subsequent appeals.

Background of the case 

This family law case arose from a dispute involving both child support and alimony calculations. The trial court entered a final judgment setting child support based on imputed income and a guideline worksheet. One party (Thermidor) appealed the ruling, arguing that the trial court miscalculated income, mishandled child-care costs, and issued a judgment inconsistent with the statutory guidelines.

In this case, the trial court imputed full-time income to the mother, concluding she was capable of working at a certain wage, even though there was little to no evidence of her actual earning capacity. According to Thermidor, the judgment did not properly include after-school child-care costs in the child support calculation.

In other words, the final judgment’s support amounts did not match the attached child support guidelines worksheet, which created internal inconsistencies. Thermidor thus appealed the decision.

On appeal, three questions needed to be answered:

• Did the trial court err by imputing income without sufficient evidence?
• Did the trial court fail to include child-care costs required under Florida Statutes §61.30(7)?
• Was the judgment inconsistent with the guidelines worksheet, making appellate review impossible?

The appeal 

In this case, the Fourth District Court of Appeal reversed and remanded the case back to the trial court. Specifically, it ordered the trial court:

• Recalculate the parties’ income using competent, substantial evidence before imputing any earnings.
• Properly include after-school child-care costs in the support calculations.
• Correct the inconsistencies between the judgment and the guideline worksheet.

Courts are allowed to impute income under §61.30(2)(b) when a parent is voluntarily unemployed or underemployed. Findings, however, must be supported by evidence. Here, the trial court’s imputation was merely speculative.

Florida Statute §61.30(2)(b) requires reasonable child-care expenses to be included in the guideline calculation. Omitting them was an error made by the trial court.

In addition, final judgments must match the statutory child support guidelines worksheet, or the court must explain why it deviated. The discrepancies here undermined clarity and fairness.

Talk to an Orlando, FL, Child Custody Attorney Today 

Greater Orlando Family Law represents the interests of Orlando residents who are in custody disputes with their former partners. Call our Orlando family law attorneys today to schedule an appointment, and we can begin preparing your case right away.

Source:

4dca.flcourts.gov/pre_opinion_content_download/2455886