Savage v. Savage

7 Citing cases

  1. In re J.R.T. v. Martinez

    70 P.3d 474 (Colo. 2003)   Cited 51 times
    Holding that both parents have a duty to support their children

    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.

  2. Lewis v. Lewis

    255 So. 3d 1216 (La. Ct. App. 2018)   Cited 2 times

    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.

  3. State v. Jones

    170 So. 3d 297 (La. Ct. App. 2015)   Cited 2 times

    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.

  4. Fuqua v. Fuqua

    47 So. 3d 1121 (La. Ct. App. 2010)   Cited 10 times

    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).

  5. Cory v. Cory

    989 So. 2d 855 (La. Ct. App. 2008)   Cited 15 times

    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.

  6. Wyatt v. Wyatt

    899 So. 2d 788 (La. Ct. App. 2005)   Cited 8 times
    In Wyatt v. Wyatt, 39,518 (La.App. 2nd Cir. 4/6/05), 899 So.2d 788, the court found that the father's retirement from work was voluntary and not due to medical reasons.

    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.

  7. State v. Battson

    828 So. 2d 132 (La. Ct. App. 2002)   Cited 11 times

    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.