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August 25, 2005

Voluntary Reduction in Income Not Basis for Deviation from Guidelines

The decision of In re Marriage of Opat illustrates the rule that not every voluntary reduction in income is grounds for deviation from the child support guidelines. In this case, the Iowa Court of Appeals affirmed the trial court's finding that a reduction in income from $58,000 with full benefits, including family health insurance at nominal cost, to $45,000 with no health insurance, was not done with the intent of reducing the payor's child support obligation. The evidence indicated that the parent/employee, a high-voltage lineman, was suffering significant distress because of the dissolution and that this caused him and his supervisor to have safety concerns given the nature of his occupation.

Posted on August 25, 2005 in Child Support |



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