NewsDoctor Wins Support ReprieveOct 27, 2006 Citing changing economics for medical practices in San Diego, the Family Court recently issued a ruling reducing by two thirds a prominent San Diego Surgeon's life time support obligation. Surgeon, a client of the Father's Rights Law Center since May, 1995, had established and maintained a $700,000 annual surgical practice in La Jolla during the past 20 years. In 1985 after a long marriage, he and his wife of 25 years split and spousal support was established in the monthly sum greater than $5000 for life of wife. Client's practice continued to prosper until 1992 when HMOs impact began to be felt. From 1992 to 1994 client's income dropped by 25 percent annually. In 1994 and during the first quarter of 1995, however, his practice was earning $500,000 annually. During the second, third and fourth quarters of 1995, his income plummeted to an all time low directly attributed by his economic expert, Dr. Stephen Riley, Ph.D., to the new economics of managed care. During the two day Family Court trial, testimony was received for client from a medical expert and a vocational expert, as well as from Dr. Riley, all supporting Dr. Riley's findings of changed medical practice economics in San Diego. Wife objected that the evidence was phony and that surgeon had been intentionally hiding income and turning patients away to reduce his income. She requested an increase in her support as well as surgeon's contribution of $10,000 towards her fees plus her costs. She also sought sanctions. The court took the case under submission after receiving into evidence over wife's objection a copy of the current San Diego Union article, "Prominent doctor to move; managed care blamed" detailing Dr. Michael J. Hennessy's departure for Montana for reasons the Union reported concerned income curtailment caused by managed care. Judge Sammartino issued her findings whereby she reduced client's support to $1850 monthly rejecting wife's arguments of intentional income reduction by client. Significantly, the court denied wife's request for attorney's fees and her sanction request. The court noted when reducing support, "The current medical climate in San Diego County involving HMOs and PPOs and [surgeon's] non-participation in either of these marketing and delivery units has significantly decreased his medical practice." Annual savings realized amount to $40,200. |
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