No Income for Child Support Purposes Affirmed
March 10, 2016
TIDWELL v. TIDWELL
Facts: Father and Mother divorced after 10 years of marriage. By the time of divorce, Mother had not worked outside the home for many years. Her primary role in the family was devoted to raising the parties’ two minor children. At the time of trial, both children were in high school.
Proof at trial showed the jobs available to Mother were entry-level, minimum wage jobs. Mother testified such entry-level employment was not appealing to her and expressed a desire to better herself for her children. She said she wanted to complete the surgical technician program at a nearby technical college. The program would last 12 months. The proof showed the starting pay for a new surgery technician varied from $13-$18 per hour, depending on the specific area of employment.
After awarding rehabilitative alimony so Mother could pursue the education necessary to become a surgical technician, the trial court set child support based, in part, on Mother having no income whatsoever.
Excerpt from post written by K.O. Herston, Esq. Please visit the following link to read the entire post: