Was the husband’s voluntary termination of employment from Touche Ross done in good faith? The test for good faith is: “whether the change in status was prompted by a desire to evade financial responsibility for supporting the children or to otherwise jeopardize their interests.”
The facts concerning the husband’s voluntary termination of employment from Touche Ross are, for the most part, uncontroverted. The parties disagree, however, whether the facts satisfy the test for good faith.
The wife argues that the husband was prompted by a desire to evade financial responsibility. She argued that he did not have a replacement job when he quit. The husband complained that the job prevented him from spending quality time with his children. But, he visited his children only once in the five months after he quit.
Husband argues that the circumstances surrounding his voluntary termination of employment from Touche Ross do satisfy the test for good faith. Husband argues the facts demonstrate that he was prompted by a desire to provide more, not evade, financial responsibility.
As further evidence of his good faith, he testified that he quit Touche Ross because excessive business travel caused him great physical stress. It also prevented him from spending quality time with his children.
He argues that his single visitation of the children in the five months after he quit was the result not of his bad faith. He says it was the result of his wife’s hostility toward him.
Finally, he argues that he demonstrated his good faith by contacting various executive recruiters and sending resumes to 30 companies.
The Appellate Court said that wife presents some persuasive evidence. But, sufficient evidence appears in the record to satisfy the test for good faith.
On appeal, we are reminded that the trial judge is granted wide discretion in making a finding in good faith. Accordingly, we hold that the trial judge did not abuse his discretion finding that the husband’s voluntary termination of employment from Touche Ross was done in good faith.
IRMO Bush, 209 Ill.App.3d 671
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