Courts in other jurisdictions differ from one another over the construction of statutory terms similar to ours. See, e.g., Savage v. Savage, 821 So.2d 603, 606-07 (La.App. 2002) (being voluntarily unemployed results from an intentional act of misconduct which leads to unemployment); Lee v. Lee, 459 N.W.2d 365, 370 (Minn.App. 1990) (stating that parent is voluntarily unemployed only if the parent intends to get fired in order to avoid paying child support); Wilson v. Wilson, 43 S.W.3d 495, 497 (Tenn.App. 2000) (holding that voluntary unemployment or underemployment results from "an intent on the part of the parent to reduce or terminate his or her income"). Because Colorado's statutory language is susceptible to alternative constructions, we look to the statute as a whole and to the legislative history in determining the General Assembly's intent.
Id. , 14-918,p. 4, 170 So.3d at 299, citing Savage v. Savage , 36,138 (La.App. 2 Cir. 6/12/02), 821 So.2d 603, 606. Here, Mr. Lewis did not voluntarily retire.
La. R.S. 9:311(A). As discussed in Savage v. Savage, 36,138 (La.App.2d Cir.6/12/02), 821 So.2d 603, 606, Louisiana jurisprudence distinguishes between voluntary and involuntary changes in circumstances. An involuntary change in circumstance results from fortuitous events or other circumstances beyond a person's control, such as loss of one's position or illness.
Contrary to Keith's argument, his continued $1,800 house rent and other expenses are inconsistent with a claimed monthly income of $1,956. Savage v. Savage, 36,138 (La.App. 2 Cir. 6/12/02), 821 So.2d 603. On full review, we cannot say the district court was plainly wrong in finding Keith voluntarily underemployed and in imputing his potential income under R.S. 9:315 C(5)(b).
A parent is not deemed voluntarily unemployed or underemployed if he or she is absolutely unemployable or incapable of being employed, or if the unemployment or under-employment resulted through no fault or neglect of the party. Wyatt, supra; Savage v. Savage, 36,138 (La.App. 2d Cir. 6/12/02), 821 So.2d 603. When determining whether a party is underemployed for purposes of calculating a child support obligation, the court shall consider that party's earning capacity in light of all circumstances.
La. R.S. 9:311(A). As discussed in Savage v. Savage, 36,138 (La.App. 2d Cir.6/12/02), 821 So.2d 603, Louisiana jurisprudence distinguishes between voluntary and involuntary changes in circumstances. An involuntary change in circumstance results from fortuitous events or other circumstances beyond a person's control, such as loss of one's position or illness.
Louisiana jurisprudence distinguishes between voluntary and involuntary changes in circumstances. Savage v. Savage, 36,138 (La.App. 2d Cir. 06/12/02), 821 So.2d 603. An involuntary change is one resulting from fortuitous events or other circumstances beyond that person's control, such as loss of one's position or illness. A voluntary act rendering it difficult or impossible to meet one's support obligation is not a ground for release, in whole or in part, from the obligation.