Hatloy v. Hatloy

In Hatloy v. Hatloy, 41 Va. App. 667, 588 S.E.2d 389, 390 (Va. Ct. App. 2003), the court held the evidentiary burden was satisfied that former husband's inability to pay his support obligation was not due to his own voluntary act. Husband had previously worked for AOL, earning $ 55,070.00 yearly but was terminated through no fault of his own. Id. Though the husband sought employment with other high tech industries, he testified that no jobs were available to him at his level of education. Id. Consequently, he returned to work in the hospitality industry, earning a salary based on profits of a seasonal recreational resort. Id. The venture lost money during the first year, but the husband anticipated drawing a salary of $ 1000.00 per month in the near future. Id. at 391. The appellate court affirmed the family court's imputation of $ 1600.00 per month income rather than the amount previously earned from AOL. Id. at 392. The Virginia Court of Appeals refused to impute income to a former wife in determining the parents' child support obligations.