Woehl v. Woehl

SABERS, Justice

(dissenting).

[¶ 19.] I respectfully dissent. Unless done with the idea of intentionally reducing one’s child support obligation, a child support obligor’s termination from employment and loss of greater income should not be viewed as a voluntary act intended to deprive one’s children of support. Rather, a child support obligation should be based on an individual’s current salary.

[¶ 20.] I submit that this Court should follow the reasoning set forth in Foley, 501 N.W.2d 497, and Lee, 459 N.W.2d 365. These cases state that “while [the obligor] was responsible for the loss of his job, we believe he did not intend to deprive the children of support or had a reckless disregard for their well-being.” Foley, 501 N.W.2d at 500. When there is no evidence that the obligor’s misconduct represents an attempt to induce termination and avoid a support obligation, a court should not be permitted to use the obligor’s former salary in determining child support. In this case, there is no evidence that Donald’s act of striking his girlfriend represented an attempt to induce his termination and avoid his child support responsibility. Accordingly, his child support obligation should be based on his current salary.