Tampa’s appeals court reversed a child support order in which a former husband was found to be voluntarily underemployed. The former husband was a stay-at-home dad during marriage, but during the last year of marriage, he gained his real estate license and started driving for Uber. Seizing on the former husband’s testimony that he hoped to open a limousine service making $500 a day, the family court judge used that $500 figure when calculating child support payments, even though the husband never made more than $60,000 a year. The appeals court found there was no competent evidence to support the judge imputing $125,000 a year to the husband, and sent the case back for rehearing.
The case was Tutt v. Hudson, and the Florida appellate opinion can be read here.