In the matter of: J.L.C., V.R.C. and E.R.C., John Richard Simmons, et al. v. James Cordell, et al. - Dissenting

I write separately to voice my dissent to the holding reached by the majority in this case.  The majority concludes that Father expressly waived the issue of whether the trial court correctly determined him to be voluntarily unemployed. Although Father did state in his brief that he is not challenging the trial court’s determination that he is voluntarily unemployed on appeal, I believe the issue should nonetheless be addressed. In doing so, I would hold that the trial court erred in finding that Father was voluntarily unemployed and in imputing potential income to Father on which to base an award of child support.