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D has three children, each of whom has a different mother. D's oldest son lives with D and his current wife; that mother does not contribute to his support. D's younger son lives with his mother, T.B. (P). His youngest child, a girl, lives with Harte (P). D was employed as a concrete layer and finisher before he was seriously injured in a 2003 garage collapse at the Tropicana Casino Hotel in Atlantic City. D received a settlement of $1.2 million in 2007. He claims to have netted $533,822 after paying several 'obligations.' At the time of his personal injury settlement, D was married to Harte (P) and paying child support to T.B.(P). After the settlement, D agreed to an imputation of $57,200 in annual income when recalculating child support for T.B.(P). Harte (P) and D were divorced in 2008, and D again consented to an imputation of $57,200 in annual income as part of their January 2009 final judgment of divorce. D unsuccessfully moved to reduce child support for both children, claiming he was unable to obtain through wages and investments the agreed-upon imputed income. D eventually supplied the judge with a vocational expert's report. The three-page report stated that D worked but 'could not continue due to injury-related impairments.' D completed a tractor-trailer driver training class thereby obtaining a 'Class A' commercial driver's license and was seeking employment as a local short-haul truck driver, which would pay an average annual salary of $36,514. D refused to seek work as a more lucrative long-distance 'over the road' driver because of the potentially negative impact on his 'child-rearing responsibilities.' The report concluded that $36,514 was, therefore, D's 'probable income' within a 'reasonable degree of vocational-economic certainty.' The judge calculated both support obligations using D's imputed annual income of $57,200 as if the only other child D supported was the oldest son living with him. D appealed.

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