Legal Question in Family Law in Idaho
job loss due to drug usage/child support
Under the child support guidelines for the state of Idaho, A person is subject to their income 6 months prior to the separation of the parties in order to establish an amount for child support, if the person is voluntarily unemployed or under-employed. If a person fails three (3) randum drug tests, knowing full well that they are subject to randum drug testing, is that person considered voluntarily unemployed? The person in question is not seeking gainful employment until this is over in an attempt to avoid child support. Local judge says need precedent indicating drug usage is voluntary unemployment or will be forced to determine child support on current employment, which is $300/month working out of their home, not the $35,000/year before, which they will go back to similar employment after this is decided. Request your assistance. Thank you.
1 Answer from Attorneys
Re: job loss due to drug usage/child support
You do need a local attorney to assist you.
Here is an excerpt from a Massachusetts case.
It might be useful as guidance.
Lynne C. ALLEN v. Merrill R. ALLEN, 520 N.E.2d 176,
25 Mass.App.Ct. 515 (1988).
Ex-wife brought contempt actions against
ex-husband for support arrearages. Appeal was
taken. The Appeals Court held: (1) trial
judge was justified in concluding that business
was a dodge created for purpose of enabling
ex-husband to avoid support obligations;
(2) overdrafts ex-husband received over sales
commissions had to be included as income. . . .
Consult an attorney.
Barbara C. Johnson
Law Office of Barbara C. Johnson
6 Appletree Lane
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