Mir v. Mir
In Mir v. Mir, 39 Va. App. 119, 571 S.E.2d 299, 301 (Va. Ct. App. 2002), the court held evidence was insufficient to support finding the former husband was voluntarily unemployed or to impute $ 5600.00 monthly income for purposes of child support.
Nothing in the record suggested the husband ever made monthly income in the imputed amount or demonstrated jobs were available that would generate such an income. Id. at 303.
Additionally, evidence indicated the husband had health problems preventing him from working longer hours or doing other jobs. Id.
The court concluded the manner of imputation and the amount were inconsistent with the evidence in the record and remanded to the family court for further consideration. Id. at 304.