Mansfield v. Taylor

480 S.E.2d 752, 24 Va. App. 108, 1997 Va. App. LEXIS 52
CourtCourt of Appeals of Virginia
DecidedFebruary 4, 1997
Docket1154964
StatusPublished
Cited by10 cases

This text of 480 S.E.2d 752 (Mansfield v. Taylor) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mansfield v. Taylor, 480 S.E.2d 752, 24 Va. App. 108, 1997 Va. App. LEXIS 52 (Va. Ct. App. 1997).

Opinion

*110 MOON, Chief Judge.

Jill Mansfield appeals from the decree of the trial court ordering payment of child support by Robert L. Taylor in the sum of $250 per month. Appellant raises four questions: (1) whether the court erred in not imputing income to appellee because he voluntarily left his employment; (2) whether the court erred in determining that appellee had made a full and clear disclosure about his ability to pay child support; (3) whether the court erred when it determined that when appellee voluntarily left his employment that the voluntary leaving required a “wrongful act” in order for the court to impute income; and (4) whether the court erred when it found that appellee’s employment with his own sole proprietorship was a bona fide and reasonable business undertaking, thereby finding that appellee was not voluntarily underemployed. We find that the trial court erred in not finding that appellee’s change of employment constituted either purposeful evasion of his support obligations or such careless disregard for that obligation as to require imputation of income.

The parties were divorced by decree on or about December 15, 1982. Subsequent amendments were made to the divorce decree, including a November 3, 1988 amendment requiring appellee to maintain the parties’ children on his current medical and hospitalization insurance policy and to share equally with appellant all uninsured medical expenses of the children. The decree was again amended on March 30, 1990, ordering appellee to pay $500 per month in child support commencing February 29, through January 1994.

In August 1995, appellant filed a petition for support, seeking an increase in child support.

Appellee filed an answer to the petition for support and a cross-petition to reduce child support. Appellee’s cross-petition requested that his child support obligation be reduced to a level consistent with Code § 20-108.2 and that his child support obligation cease upon his children reaching the age of eighteen, regardless of whether they had completed high school. After a hearing, the trial court entered its final decree *111 in this matter on April 16, 1996. The trial court concluded: (1) that appellee was not voluntarily underemployed; (2) that appellant’s gross monthly income was $5,172 and appellee’s gross monthly income was $800; and (3) that under the guidelines, appellee’s presumptive child support obligation was $112 but for delineated reasons appellee’s monthly child support obligation should be $250. The trial court also denied an award of attorney’s fees to either party.

The following evidence was presented regarding the state of appellee’s finances. Appellee was employed for thirteen years by Atlantic Research Corporation, a defense contracting firm, before being laid off as a result of a reduction in force in 1992. In August 1992, appellee obtained temporary employment with AdTech, a defense inspection firm. Shortly thereafter, appellee was retained by AdTech as a permanent, full time employee. In July 1993, appellee and his present wife began the process of forming a sole proprietorship business, “Post-Net.” All necessary documentation was completed by October 1993. Appellee obtained a loan through the Small Business Administration with a mortgage on his jointly owned marital property and invested all of his retirement, some $25,000, in PostNet. Subsequently, appellee submitted his letter of resignation to AdTech on or about January 31,1994.

Appellee testified that his efforts to start his own business were at least in part motivated by the fact that appellee’s supervisor, Mr. Koch, had informed appellee during the summer of 1993 that he might need to look for a new job as the downturn in the defense industry and the completion of the current contracts held by AdTech might require layoffs, which could include appellee. Mr. Koch testified that he would have told appellee about the possibility of layoff no more than a month prior to Mr. Koch’s receipt of appellee’s resignation in January 1994. However, Mr. Koch also testified that had appellee not resigned, he would have been laid off within a three to eight week period from the date on which appellee chose to resign.

*112 Appellee testified that he did not seek any other position and dedicated his efforts to starting PostNet. He also stated that he did some consulting work after his resignation and earned $35 an hour for this work. Appellee did not disclose, but Mr. Koch testified, that appellee continued to perform some inspection work for AdTech after his resignation, for which he was paid $35 an hour.

Because of poor record keeping, incomplete documentation and a general lack of information, one cannot estimate with any degree of accuracy appellee’s income from his sole proprietorship, PostNet. Appellee testified that he did not know his projected income from the business and that he had no budget, plan or goal with respect to PostNet. Appellee stipulated to income of $9,600 a year from PostNet. This amount coincides with the terms of appellee’s Small Business Administration loan, wherein appellee contractually limited his income from PostNet to no more than $9,600 a year for the seven year life of the loan. 1 Appellee repeatedly admitted that he was not a good bookkeeper and that he had not been very careful in record keeping. Evidence indicated that numerous transactions, including deposits and transfers, were not accounted for in the PostNet ledgers, or conversely, were entered into PostNet’s ledgers but were not reflected in the bank’s account records. In addition, outside consulting fees were included in the PostNet ledgers and personal expenses were paid from business funds.

In Antonelli v. Antonelli, the Supreme Court addressed the proper standard to be employed where a party’s income has diminished due to a voluntary change of employment. 242 Va. 152, 409 S.E.2d 117 (1991). In Antonelli, the father petitioned for a decrease in child support after voluntarily leaving a salaried management position with a Richmond stockbroker-age firm for a commissioned sales position with another Richmond stockbroker where the father projected he would earn about the same income as with his former employer. *113 However, after the stock market decline in 1987, his annual income was diminished by approximately $10,000. The trial court found a-material change in circumstances. However the trial court also held, relying on Edwards v. Lowry, 232 Va. 110, 348 S.E.2d 259 (1986), that the father must also prove “that the lack of ability to pay is not due to any voluntary act or neglect.” 242 Va. at 154, 409 S.E.2d at 118. The trial court concluded that the father “accepted the risk involved in being a commissioned stockbroker” and that the father had failed to meet the requirements of Edwards and therefore would not be granted a reduction in support. Id.

We had reversed, holding that the trial court “imposed an erroneous standard of proof’ on the father. Antonelli v. Antonelli, 11 Va.App.

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Bluebook (online)
480 S.E.2d 752, 24 Va. App. 108, 1997 Va. App. LEXIS 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mansfield-v-taylor-vactapp-1997.