[Cincinnatus]

"Constructive abandonment" means the husband refused to have sexual relations with his wife, which is certainly reason enough for her to seek a divorce. As a lawyer who used to handle much less complicated cases than this, I follow the court's reasoning but I think the dissent makes more sense. Still, it's an unusual fact pattern in that most of us don't have to have actuaries determine the present value of our future interest in a professional license so mark this case in the murky realm of accountants category rather than weird justice. Reminds me of the old Gus Kahn song:

He doesn't make much money,
Five thousand dollars per.
Some judge who thinks he's funny
Says, "You give six to her."
The guy says, "Judge,
"What if I fail?
The judge says, "Bud,
"You'll go to jail!
"You'd better keep her.
"My boy, it's cheaper
"Than makin' whoopee."

[Old Professer]

Constructive abandonment; that's better than one of my 2, 12 pack lines.

[right2parent]

Constructive abandonment is reason for a divorce. It is not reason for using Title IV-D legislation in arriving at a child support award, as if is nessecary to demonstrate a need for this kind of order. It is within the equitable power of the court to determine what is the proper amount to award in this case based on the level of support enjoyed durring the marriage. The Title IV-D program is confined to establishing an order for contribution and/or reimbursement.