Susanne S. Levene
340 P.3d 270
Wyo.2014Background
- Mother (Susanne Levene), a general surgeon, and Father (Daniel Levene) divorced; custody orders conditioned on Mother maintaining sobriety and treatment after DUI incidents.
- Mother held high-paid surgical positions in multiple states (earnings $260k–$350k) but voluntarily left positions in 2010–2013 and moved to Laramie, Wyoming.
- Mother sought a child-support modification in January 2013 claiming unemployment from January–November 2013; Father moved for contempt for unpaid support.
- The district court found Mother voluntarily unemployed during that period, imputed income, denied modification, found arrears (~$27,265) and held Mother in contempt for related violations (recordings, encouraging children to take sides).
- The court also found Mother not credible based on instances of dishonesty in prior proceedings; Mother appealed only the voluntary-unemployment/child-support denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court erred by finding Mother voluntarily unemployed (Jan–Nov 2013) for purposes of imputing income under Wyo. law | Levene: No evidence employment was available in Laramie; earnings there might not match past high salaries, so she was not voluntarily unemployed | Father: Mother voluntarily left well‑paying jobs, has licenses and prior earnings demonstrating capacity to earn; impute income and deny modification | Court: Affirmed — substantial record (licenses, prior earnings, voluntary job departures, credibility problems) supports finding of voluntary unemployment and denial of modification |
Key Cases Cited
- Johnson v. Johnson, 11 P.3d 948 (Wyo. 2000) (standard: disposition of support/alimony is within trial court discretion)
- Opitz v. Opitz, 173 P.3d 405 (Wyo. 2007) (appellate review of discretionary family-court decisions and evidentiary view favoring successful party)
- Durham v. Durham, 74 P.3d 1230 (Wyo. 2003) (income imputation requires evidentiary support about local job availability and prevailing wages)
- JKS v. AHF (In re ARF), 307 P.3d 852 (Wyo. 2013) (credibility determinations are for the trial court)