Case Brief

Case Brief

Re: Husband’s motion to appeal in pursuit of modifying his support obligations to children and former spouse

The previous opinion made on February 3, 1987 is withdrawn and on March 5, 1987 reconsideration of the court’s opinion the evidence is held. Husband tried to reduce his child support and alimony on the grounds that he voluntarily changed his employment resulting in a reduced income. The husband chose to change his specialty from gynecology and obstetrics to psychiatry. The original decision of the court was based on the fact that the husband did not act in good faith while making the decision to pursue alternative employment. The husband felt that the decision that was reached by the court was not supported by a substantial amount of evidence to support the decision. The question that the court is in the position to reconsider is whether or not the husband’s decision to change his employment was an action in good faith. If the decision is found to be in good faith then further consideration for the husband’s request will be made, however, if the court decides that the original decision is supported through enough evidence to prove that the husband’s was not acting in good faith than the original decision of the trial court will be upheld.

After thirteen years of marriage, the couple decided to divorce. The husband agreed to pay his alimony and child support in a combined amount of $1800 per month but after two years he made the decision to change his employment and ultimately lowered his payments to $500 per month. The husband did not notify his former spouse not the courts of this change in his contributions.

The husband claims that the court’s decision was found in error because there is not enough evidence to support their claim. He claims that his decision to change employment was an action made in good faith and that his former wife was aware of his plans to eventually pursue this change. It has been shown that through the...

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