Judge reinstates original child-support order, finds mother's income reduction voluntary

Judge David D. Wolfe set aside the findings and recommendations of a child-support magistrate and reinstated the original court-ordered child support after hearing testimony in an appeal brought by Mr. Donkus.

The appeal concerned a modification in which the mother's reported income had fallen from roughly $3,359 per month in January 2023 to $2,080 at the time of the modification, prompting an increase in the father's obligation from $504 to $732 per month in the magistrate's calculation. The mother, Cara Donkus, testified she voluntarily left a higher-paying, salaried position and took lower-paid work in April 2024 so she could live in Dixon and have greater access to her children. She told the court she now earns about $12.35 per hour and works about 40 hours per week.

“I'm going to, set aside the findings and recommendations of the child support magistrate to reinstate the original court ordered child support,” Judge Wolfe said. He found that the only change was the mother’s voluntary income reduction to allow closer access to her children and treated it as voluntary underemployment for purposes of the child-support analysis. Wolfe likened the situation to a man who becomes voluntarily underemployed and said the same legal principle applied.

The court scheduled a de novo hearing earlier in the proceeding but, after testimony, concluded the facts supported reinstatement of the original obligation. The transcript records the judge’s finding that the income change was voluntary and therefore not a basis for reducing the father's support obligation; the magistrate’s modification was set aside.