Marriage of Nusbaum
Tonya Cohen appeals an order reducing her former husband Glenn Nusbaum's child support obligation to $1,617 per month. Specifically, Tonya[1]challenges the court's finding that income from the sale of Glenn's chiropractic business should not be considered in determining the amount of his child support obligation, asserting (1) the court was barred by the doctrine of res judicata from making this finding based upon a prior stipulation of the parties that money from the sale of his chiropractic business was income for purposes of determining his child support obligation; and (2) the court abused its discretion in excluding that money in determining Glenn's child support obligation. Glenn, in addition to opposing this appeal on the merits, asserts the res judicata issue has been forfeited because Tonya failed to raise it below.
We conclude Tonya has not forfeited the right to assert the court's modification of Glenn's child support obligation is barred by the doctrine of res judicata. However, we also conclude (1) res judicata does not apply because there was no final judgment in this matter; and (2) the court did not abuse its discretion by excluding income from the sale of Glenn's old chiropractic practice as he reinvested that money in a new business. Accordingly, Court affirm the court's order modifying Glenn's child support obligation.
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