La. R.S. 9:315(C)(5) defines "income" as "actual gross income of a party, if the party is employed to full capacity" or "potential income of a party, if the party is voluntarily unemployed or underemployed" for the purposes of calculating a party's child support obligation. State, Dep't of Soc. Ser., ex rel. S.McC. v. J.A.McC., 03-108 (La. App. 5 Cir. 5/28/03); 848 So.2d 121, 125. "A party shall not be deemed voluntarily unemployed or underemployed if he or she is absolutely unemployable or incapable of being employed, or if the unemployment or underemployment results through no fault or neglect of the party." La. R.S. 9:315 (C)(5)(b). La. R.S. 9:315.11 provides in pertinent part:
La. R.S. 9:315(C)(5) defines "income" as "actual gross income of a party, if the party is employed to full capacity" or "potential income of a party, if the party is voluntarily unemployed or underemployed" for the purposes of calculating a party's child support obligation. State, Dep't of Soc. Ser., ex rel. S.McC. v. J.A.McC. , 03-108 (La. App. 5 Cir. 5/28/03), 848 So.2d 121, 125. "A party shall not be deemed voluntarily unemployed or underemployed if he or she is absolutely unemployable or incapable of being employed, or if the unemployment or underemployment results through no fault or neglect of the party."
Under La. R.S. 46:236.1.1 et seq, the State, Department of Children and Family Services may take direct civil action against a biological parent of a child and may obtain an order, judgment, or agreement of support for the child against the responsible person. See, State, Dep't of Soc. Ser., ex rel. S.McC. v. J.A.McC., 03–108 (La.App. 5 Cir. 5/28/03), 848 So.2d 121, 122. On December 20, 2010, Mr. Charles and Ms. Pilot stipulated to joint custody of J.C. with a specific custodial schedule.
La. R.S. 9:315(C)(5) defines "income" as the "actual gross income of a party if the party is employed to full capacity" or "potential income of a party if the party is voluntarily unemployed or underemployed" to calculate a party's child support obligation. State, Dep't of Soc. Ser., ex rel. S.McC. v. J.A.McC., 03-108 (La.App. 5 Cir. 5/28/03), 848 So.2d 121, 125. "A party shall not be deemed voluntarily unemployed or underemployed if he or she is absolutely unemployable or incapable of being employed, or if the unemployment or underemployment results through no fault or neglect of the party." La. R.S. 9:315 (C)(5)(b).
However, he does not further elaborate upon this contention, instead mainly arguing that the trial court erred in considering income allegedly inflated by increased furniture sales due to the flood. While Mr. Keith in his brief also relies on State, Dept. of Soc. Ser., ex rel. S. McC. v. J. A. McC., 2003-108 (La. App. 5 Cir. 5/28/03), 848 So.2d 121, 125, that case did not deal with extraordinary overtime under La. R.S. 9:315(C)(3)(d)(iii), but instead involved voluntary unemployment pursuant to La. R.S. 9:315(C)(5). The Louisiana child support guidelines set forth the method for implementation of the parental obligation to pay child support.
.La. R.S. 9:315.13(B)(1).State, Dep't of Soc. Services., ex rel. S.McC. v. J.A.McC., 03–108 (La.App. 5 Cir. 5/28/03), 848 So.2d 121, 125–26.In the matter before us, we do not find abuse of the trial court's discretion in the award of child support.
We next consider Ms. Talton's argument that the trial court erroneously found that Mr. Hughes was not voluntarily underemployed. As this Court recently stated in State, Dep't of Soc. Serv., ex rel. S.McC. v. J.A.McC. 03-108 (La.App. 5 Cir. 5/28/03), 848 So.2d 121, 125. La.R.S. 9315(C)(6)(b) states, "A party shall not be deemed voluntarily unemployed or underemployed if he or she is absolutely unemployable or incapable of being employed, or if the unemployment or underemployment results through no fault or neglect of the party."
McDermott v. McDermott, 32,014 (La.App. 2 Cir. 6/16/99), 741 So.2d 186, 188. In regard to the setting of child support, this Court recently stated in State, Dept. of Soc. Ser., ex rel. S.McC. v. J.A.McC. 03-108 (La.App. 5 Cir. 5/28/03), 848 So.2d 121. La.R.S. 9:315(6)(b) states, "A party shall not be deemed voluntarily unemployed or underemployed if he or she is absolutely unemployable or incapable of being employed, or if the unemployment or underemployment results through no fault or neglect of the party."