The payor father brought a motion to change a final consent order, seeking to terminate his spousal support obligation due to his voluntary early retirement at age 60 and relocation to Mexico.
The court found that while the retirement and relocation constituted a material change in circumstances, the father could not avoid his compensatory support obligations by voluntarily leaving the workforce early.
The court dismissed the request to terminate support, instead increasing the monthly quantum based on updated imputed incomes and ordering that support continue until the father reaches age 65.
