required two-step analysis in Florida

2012First, the trial court must conclude that the termination of income was voluntary; second, the court must determine whether any subsequent underemployment “resulted from the spouse’s pursuit of his own interests or through less than diligent and bona fide efforts to find employment paying income at a level equal to or better than that formerly received.” See Konsoulas v. Konsoulas, 904 So.2d 440, 443 (Fla. 4th DCA 2005) (quoting Ensley v. Ensley, 578 So.2d 497 (Fla. 5th DCA 1991)).

2008First, the trial court must conclude that the termination of income was voluntary; second, the court must determine whether any subsequent underemployment "resulted from the spouse's pursuit of his own interests or through less than diligent and bona fide efforts to find employment paying income at a level equal to or better than that formerly received." See Konsoulas v. Konsoulas, 904 So.2d 440, 443 (Fla. 4th DCA 2005) (quoting Ensley v. Ensley, 578 So.2d 497 (Fla. 5th DCA 1991)).

2014Section 61.30(2)(b), Florida Statutes, requires imputation of income “to an unemployed or underemployed parent if such unemployment or underemployment is found by the court to be voluntary on that parent’s part.” However, “restraints on imputation exist in the form of a required two-step analysis.” Schram v. Schram, 932 So.2d 245, 249 (Fla. 4th DCA 2005).

2008According to case law, "restraints on imputation exist in the form of a required two-step analysis." Schram, 932 So.2d at 250 ; accord Brown, 954 So.2d at 1207 .

2016First, the trial court must conclude that the termination of income was voluntary; second, the court must determine whether any subsequent underemployment “resulted from the spouse’s pursuit of his own interests or through less than diligent and bona fide efforts to find employment paying income at a level equal to or better than that formerly received.” Brown, 954 So.2d at 1207 (citation omitted); see also Schram v. Schram, 932 So.2d 245, 249 (Fla. 4th DCA 2005) (“A court may impute income where a party is willfully earning less and the party has the *201 capability to earn more by the use of

2008According to case law, "restraints on imputation exist in the form of a required two-step analysis." Schram, 932 So.2d at 250 ; accord Brown, 954 So.2d at 1207 .

2012First, the trial court must conclude that the termination of income was voluntary; second, the court must determine whether any subsequent underemployment “resulted from the spouse’s pursuit of his own interests or through less than diligent and bona fide efforts to find employment paying income at a level equal to or better than that formerly received.” See Konsoulas v. Konsoulas, 904 So.2d 440, 443 (Fla. 4th DCA 2005) (quoting Ensley v. Ensley, 578 So.2d 497 (Fla. 5th DCA 1991)).

2008First, the trial court must conclude that the termination of income was voluntary; second, the court must determine whether any subsequent underemployment "resulted from the spouse's pursuit of his own interests or through less than diligent and bona fide efforts to find employment paying income at a level equal to or better than that formerly received." See Konsoulas v. Konsoulas, 904 So.2d 440, 443 (Fla. 4th DCA 2005) (quoting Ensley v. Ensley, 578 So.2d 497 (Fla. 5th DCA 1991)).