Marie Davison

The moving party sought to vary a prior consent order requiring payment of child support for three children based on an income of $47,255, arguing his income had substantially decreased in subsequent years and requesting retroactive reduction and rescission of arrears.

The responding party opposed the motion, alleging the moving party continued to earn unreported cash income and had voluntarily quit employment.

The court found insufficient evidence to establish hidden income but concluded the moving party had voluntarily left secure employment for minor reasons and was therefore intentionally underemployed within the meaning of the Child Support Guidelines.

Applying the principles in Drygala v Pauli, the court held there was no basis to vary the original support order.

The motion to vary was dismissed.

The applicant mother sought temporary custody of two children (ages 9 and 10), child support, and permission to relocate with the children to Florida to accept a nursing position.

The respondent father opposed the relocation and sought temporary custody or, alternatively, joint custody with weekend access.

The court granted temporary custody to the mother but dismissed her motion to relocate to Florida on a temporary basis, finding that genuine issues required a trial.

The court ordered the father to pay child support and granted him access on two out of every three weekends, with alternating weeks during summer.

A referral was made to the Office of the Children's Lawyer to obtain independent evidence regarding the children's views and preferences.