(Download) "Bogan v. Bogan" by 2001 Session In the Supreme Court of Tennessee At Knoxville September 5 * eBook PDF Kindle ePub Free
eBook details
- Title: Bogan v. Bogan
- Author : 2001 Session In the Supreme Court of Tennessee At Knoxville September 5
- Release Date : January 08, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
The sole question in this appeal is whether an obligors retirement constitutes a substantial and material change in circumstances so as to permit modification of a spousal support obligation. The trial court held that the obligors retirement did constitute a substantial and material change in circumstances, but the Court of Appeals reversed, finding that because the retirement was voluntary and foreseeable, the obligor could not seek modification of the original alimony award. We granted permission to appeal and hold that a bona fide retirement need only be objectively reasonable under the totality of the circumstances to constitute a substantial and material change in circumstances. In so holding, we reject, in the retirement context, the traditional test requiring an involuntary and unforeseeable change in circumstances to modify a support award. We further hold that the retirement in this case was objectively reasonable and that the trial court did not abuse its discretion in modifying the support award. We reverse the judgment of the Court of Appeals and reinstate the trial courts modification of the support award.