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.