McDowell v. McDowell

Fred Albright McDowell, the former husband, appeals a final order on an emergency motion for relief and enforcement filed by appellee, Kim Elizabeth McDowell, the former wife. The former husband argues that the trial court erred in imputing income to the former husband for the purpose of setting his child support obligation without first finding that he was voluntarily unemployed or underemployed and in awarding child support payment retroactive to a date prior to the date of the filing of a pleading seeking such support. We agree and reverse.

It is undisputed that the former husband was not…