Opinion

Daniels v. Daniels

  • 4 So. 3d 479
  • 2007 Ala. Civ. App. LEXIS 640
  • 2007 WL 2893755
Court
Court of Civil Appeals of Alabama
Filed
Oct 5, 2007
Status
Published
Author
Bryan
On the bench
Thompson, Pittman, Thomas, Bryan, Moore
Cited by
2 cases
Authority
More cited than 17.7%

rejecting the husband’s argument that he was not voluntarily unemployed when, only the-wife testified on the issue of his employment history

How later courts described this case

  • rejecting the husband’s argument that he was not voluntarily unemployed when, only the-wife testified on the issue of his employment history

Written by the judges who cited it.

The opinion

BRYAN, Judge,

concurring in part and dissenting in part.

I concur in the main opinion insofar as it affirms the trial court’s denial of the husband’s motion to continue and his post-judgment motion. However, I respectfully dissent from the main opinion insofar as it affirms the trial court’s finding that the husband was voluntarily underemployed.

This court has previously reversed a judgment finding a payor parent voluntarily unemployed because the judgment was not supported by sufficient evidence. Tatum v. Carrell, 897 So.2d 313, 323-25 (Ala. Civ.App.2004). In the case now before us, the wife testified that the husband could probably not earn $100,000, a substantial salary that he had earned in recent years. Moreover, the wife also testified that, at the time of trial, the husband’s mental condition rendered him unable to work. The foregoing testimony of the wife tends to establish that the husband is not voluntarily underemployed. That evidence is undisputed. Therefore, the judgment is not supported by sufficient evidence. See id. at 324-25 . Accordingly, I respectfully dissent from the main opinion insofar as it affirms the trial court’s finding of voluntary underemployment.

MOORE, J., concurs.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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