Appellant misconstrues the ALJ's inquiry into his present wife's income. With evidence of other business interests conflicting with appellant's testimony that he had no income, the ALJ was left with little recourse but to look at appellant's lifestyle to determine if a substantial change in circumstances had occurred. An examination of the parties' lifestyle may be used to determine support obligations. The ALJ was within her discretion to inquire into the spouse's income to determine if a substantial change in circumstances had occurred. Appellant's final argument is that the ALJ erred in failing to make a specific finding as to his income.
Findings also are necessary if a court wishes to refuse modification of support.
With evidence that conflicted with appellant's income testimony and without documentation from appellant to verify income, it was impossible for the ALJ to make specific findings as to his income. We decline to award respondent attorney fees on appeal. Retired judge of the district court, serving as judge of the Minnesota Court of Appeals by appointment pursuant to Minn. Const.