In Re Marriage of Berger

In this case, we are called upon to reiterate that while divorced parents have the same right to pursue happiness as all other citizens, they cannot do so by abrogating their obligation to support their families. And they certainly cannot do so by voluntarily deferring salary, living extravagantly off their sizeable assets, and pleading poverty at the support hearing.

Rachael S. Berger appeals from the judgment in this action dissolving her marriage to Marc Berger. She contends the court erred in denying her spousal support; awarding her only $1,115 in monthly child support for the couple’s two daughters; and denying her request for an award of attorney fees. Rachael points out that during the couple’s marriage, they enjoyed a high standard of living based upon Marc’s earnings in the financial industry. Just before they separated, Marc chose to leave that profession and devote his full-time labor to the startup of a business offering financed landscaping to developers of new homes. In the three years prior to trial, Marc agreed to defer most, and then virtually all, of his income from the business — which is apparently in dire financial straits — while continuing to live…