The respondent father brought a motion to change a final support order dated September 6, 2012, seeking to retroactively reduce child and spousal support and rescind arrears.
The father claimed his income had substantially decreased after he voluntarily left his long-term employment as a store manager earning approximately $82,000 annually to accept a lower-paying position earning $32,000 per year.
The applicant mother opposed the motion and sought dismissal with costs.
The court found a material change in circumstances but determined the father was intentionally underemployed and imputed income to him based on his earning capacity rather than his actual reduced income.
