In Re the Marriage of Lisa L. Little, Petitioner-Appellee v. Billy L. Little, Jr., Respondent-Appellant

Summary

The court held that a noncustodial parent’s voluntary departure from employment to attend school must be evaluated under an intermediate balancing test rather than a good-faith or strict-earning-capacity rule. The paramount consideration is the financial impact on the children, together with factors including the parent’s ability to work, the likely effect of education on future earning capacity, the program’s length, available resources, and good faith. Applying that test, the court concluded that the father failed to establish grounds for a downward modification and affirmed the trial court while vacating the court of appeals’ decision.