Legal Opinion

In Re the Marriage of Atencio

Colorado Court of Appeals

Decided March 28, 2002No. 01CA0347PublishedCited by 15 opinions

1Opinion of the Court

Opinion by

Judge PLANK.

In this dissolution proceeding, the main issue is whether imputed income based on voluntary underemployment or actual income should be used to calculate child support where a drug-addicted parent loses employment because of that addiction and obtains less lucrative employment. We conclude that income should not be imputed solely based on the fact that the parent was terminated for drug use. Therefore, we reverse the permanent orders awarding Eleanor Atencio (mother) child support and arrearag-es and remand for further proceedings on this issue. We affirm that portion of…

2Cases cited10 opinions

  1. People v. HaleySupreme Court of Colorado · 2001
  2. In Re the Marriage of BalansonSupreme Court of Colorado · 2001
  3. Tacorante v. PeopleSupreme Court of Colorado · 1981
  4. In Re the Marriage of OlarSupreme Court of Colorado · 1987
  5. People ex rel. J.R.T.Colorado Court of Appeals · 2002

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3Cited by15 opinions

  1. People Ex Rel. J.R.T. v. MartinezSupreme Court of Colorado · 2003
  2. People ex rel. J.R.T.Colorado Court of Appeals · 2002
  3. In Re the Marriage of DavisColorado Court of Appeals · 2011
  4. In re the Marriage of SalbyColorado Court of Appeals · 2005
  5. In re the Marriage of TognoniColorado Court of Appeals · 2011

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