concurring.
I concur with Judge Robertson’s reasoning and the result he reaches. It was within the trial court’s sound discretion to determine whether Michael’s unemployment was “voluntary” under Ind.Child Support Guideline 3(A)(3), and the evidence supports the trial court’s determination it was not. I write separately, however, to emphasize that, in my opinion, there may be legitimate reasons for a parent to leave his or her employment or to take a lower paying job other than to avoid child support obligations. In such cases, I do not believe the support guidelines mandate a conclusion that the parent is voluntarily unemployed or underemployed.
I agree fully with Senior Judge Ratliff’s statement that a parent should not be able to use his or her unemployment or underemployment to escape parental responsibilities. I am fearful, however, that the good judge's reasoning permits courts to enter the business of dictating a parent’s employment decisions even when those decisions are not occasioned by the desire to avoid child support obligations. When a parent leaves his or her employment because of unfair treatment on the job, for example, the parent’s resulting unemployment and loss of wages may, in some cases, be properly categorized as involuntary. Similarly, I cannot believe the child support guidelines dictate that a parent may never make a career move to a lower paying job without also finding he or she is suddenly underemployed for child support purposes. For example, surely a lawyer’s move from a lucrative private law practice to a lower paying public service position or judgeship would not compel the court to conclude the move necessarily resulted in the parent’s voluntary underemployment under Child Supp. G. 3(A)(3). It would seem Senior Judge Ratliff’s interpretation of the guideline demands just that result.
Finally, permitting parents’ employment decisions to be completely controlled by child support obligations seems to suggest children have the right to demand that their parents meet their maximum individual earning capacities. I know of no such right. The determination of whether there are legitimate reasons for the parent’s career choice or whether the parent is simply trying to avoid his or her child support obligations, i.e., whether the parent is a deadbeat, is best left to the trial court’s sound discretion after hearing the evidence and viewing witness demeanor.
Because the evidence supports the trial court’s conclusion that Michael was not voluntarily unemployed when he quit his job because of unfair treatment, I concur in affirming the trial court’s judgment deny*217ing Kathy’s petition to increase Michael’s child support obligation.