Levene v. Levene (Wyoming 2014)

Ex-wife filed motion to modify child support based on her involuntary unemployment during a period of 11 months. From 2006 to 2013, Mother was employed as a surgeon in North Dakota, Colorado, and Idaho, earning between $260,000.00 and $350,000.00 per year. Mother left each of those positions voluntarily. During the period in which Mother claims she was involuntarily unemployed, she chose not to pursue an opportunity to practice in Casper, Wyoming. The trial court found that her unemployment was voluntary and found her not be credible. The Wyoming Supreme Court affirmed the trial court’s decision. In making a determination of voluntary unemployment, the court shall consider: (A) Prior employment experience and history; (B) Educational level and whether additional education would make the parent more self-sufficient or significantly increase the parent’s income; (C) The presence of children of the marriage in the parent’s home and its impact on the earnings of that parent; (D) Availability of employment for which the parent is qualified; (E) Prevailing wage rates in the local area; (F) Special skills or training; and (G) Whether the parent is realistically able to earn imputed income.

Levene v. Levene.pdf