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

This is a child support case. Custody of the minor children was removed from the biological father, and he was convicted of and incarcerated for aggravated sexual battery of his child and the manufacture of methamphetamine. The custodians of the children petitioned to terminate the father’s parental rights, adopt the children, and obtain back child support from the father. The father owned 1500 acres of farmland. The trial court terminated the father’s parental rights, assessed back child support against him, found him voluntarily underemployed and, based on the incomeproducing farmland, imputed an earning potential of $45,000. The custodians appeal, arguing that the trial court erred by not imputing a higher earning capacity to the biological father. We affirm.