Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Thursday, November 11, 2021

You May Not Get to Reduce Your Alimony if Your Voluntary Sale of Your Business Reduces Your Income

From JD Supra:

what if, a solo or small practice gets voluntarily sold reducing the professional’s ability to pay alimony and child support.  Can that professional come to court to get a reduction in his support obligations?

This is exactly the scenario that took place in the case of  Oshidar v. Oshidar

In this case, the parties were divorced in 2012, after almost 20 years of marriage.  At the time, the husband, a dentist in his own practice, earned $428,127 per year. Just two years after the divorce, the husband sold his practice for $570,000 (receiving a down payment and then $96,300 per year for 5 years.)  Thereafter, he took a job as a dentist (employee) at a dental clinic earning roughly half of what he was previously earning. Not long after, he filed a motion to reduce his support obligations.

The Appellate Division liked [sic] the voluntary sale to someone voluntarily leaving a job.  The law is pretty clear that, in most cases, obligors cannot voluntarily change their jobs or their careers and then get a reduction in support, even if the change is made in good faith. 

Read more here

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