APPELLATE COURT OPINIONS

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Deborah Lorraine Brooks v. Rickey Lamar Brooks - Dissenting

03S01-9804-CV-00034

It is apparent that this Court has based its finding that Mr. Brooks is willfully and voluntarily underemployed simply on the fact that he, at one time, was more lucratively employed. Simply because a parent is not as lucratively employed as during the marriage, or for a time thereafter, no automatic inference that he or she is willfully and voluntarily underemployed should be drawn. We must remain cognizant of a parent’s right as a citizen to the pursuit of happiness and to the freedom to make reasonable employment decisions, while at the same time heeding the duty to support.

Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Judge Earle G. Murphy
Knox County Supreme Court