At the outset, I must admit that the answer is not certain. His earning capacity, rather than his current income, are what you would argue. He would argue that the decrease was no willful. You would respond that the changed circumstance is not his DWI, it is his change of job, which was willful.
You should not roll over and allow him to profit from getting a reduction on the amount of money he dedicates to support his daughter because he made a terrible decision and lost his license.
Did he drive for his job? If not, why did he quit his job? If he doesn't need to drive for his job, the DWI should have just made him dependent upon public transportation. That is perhaps less convenient for him, but he does no have the right to voluntarily cut his pay by over 50% and get his child support reduced. He does have the right to take a lower paying job, just not do so and get a reduction in child support. It is hard to answer these questions, as it is difficult to get all of the facts in a few sentences. That is why our firm, like many, meet with potential clients in a no obligation hour or so consultation to help the client decide what should be done.
Answered on Sep 29th, 2011 at 8:48 PM