Utah Court of Appeals
Can Utah courts impute income for voluntary underemployment in child support cases? Turner v. Turner Explained
Summary
In this divorce case, the trial court found the wife voluntarily underemployed and imputed income based on her 1995 historical earnings. The court also declined to award alimony and set child support for seven children at an amount exceeding the statutory guidelines.
Practice Areas & Topics
Analysis
Background and Facts
In this divorce case, the wife appealed the trial court’s decision to impute income based on her voluntary underemployment. The court found that she “is employable, and able to work at a level above which she is currently employed.” The wife had worked many hours of overtime in 1994 but reduced her hours after the parties separated in mid-1995. By September 1996, two months before trial, she further reduced her work hours, claiming she needed to stay home to care for her children’s needs.
Key Legal Issues
The primary issues were whether the trial court properly found voluntary underemployment and correctly imputed income based on historical earnings. The wife also challenged the court’s failure to make specific findings regarding the children’s unusual emotional needs under Utah Code Section 78-45-7.5(7)(d)(iv), which provides that income may not be imputed if “unusual emotional or physical needs of a child require the custodial parent’s presence in the home.”
Court’s Analysis and Holding
The Utah Court of Appeals affirmed, applying an abuse of discretion standard. The court noted that trial courts need not “parrot the exact language of the statute” when making underemployment findings. The court found that imputing income based on the wife’s 1995 historical earnings was reasonable, as she had reduced her hours after separation. Regarding the children’s emotional needs exception, the court found no evidence of “ongoing unusual emotional circumstances” requiring her presence, noting the children were in school during most hours she stayed home.
Practice Implications
This decision demonstrates that Utah courts will not easily excuse voluntary underemployment without compelling evidence. The court emphasized that missing statutory findings can be “reasonably implied” from the record. Practitioners should present specific, documented evidence of children’s unusual needs requiring parental presence to successfully invoke the emotional needs exception to income imputation.
Case Details
Case Name
Turner v. Turner
Citation
1998 UT App
Court
Utah Court of Appeals
Case Number
No. 971615-CA
Date Decided
November 5, 1998
Outcome
Affirmed
Holding
Trial courts have broad discretionary powers in determining voluntary underemployment, imputing income, and setting child support obligations, and such determinations will not be disturbed absent an abuse of discretion.
Standard of Review
Abuse of discretion
Practice Tip
When challenging income imputation for voluntary underemployment, present specific evidence of unusual emotional or physical needs of children that require the custodial parent’s presence in the home.
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