Justice John Colangelo
Husband GB sought a downward modification of his basic child support obligation of $4,500 per month in this post-judgment matrimonial action. GB previously worked in the securities industry, reporting salaries ranging from $120,000 to $250,000 from 2004 until 2007. He claimed he lost his job in the fall of 2007, and has held no salaried employment since then. GB's only claimed income since October 2007 was derived from an e-Bay business operated from his home in which he earned between $8,000 and $9,000 annually. Despite same, the court noted GB kept his child support obligations current and managed to maintain his current, comfortable lifestyle. The court found GB failed to engage in a diligent job search for employment commensurate with his experience, qualifications and earning capacity, stating a party may not sit idly by, content with a less lucrative occupation, when the potential for a job commensurate with his level of education and skill was present. Evidence revealed that GB's job search was neither broad enough nor deep enough to satisfy the diligence requirement. Thus, the court ruled defendant failed to prove he was entitled to a reduction of his child support payments.