Fifth District Reverses Refusal to Impute Income

In Middleton v. Middleton, the Fifth District Court released an opinion today reversing the lower court’s determination that income could not be imputed because the Former Wife did not wish to work, and there was no evidence that any available jobs presented by the Former Husband’s expert would offer the employment to the Former Wife at her age.  The Fifth District reversed on the basis, essentially, that available employment should be calculated not based on a prospective employer’s actual willingness to hire a party, but rather the party’s work history, qualifications, and experience and the income available to a similarly situated party in the local market.