Father contends that the circuit court erred by denying his motion to modify its child-support order. Mother avers, however, that the circuit court did not abuse its discretion by failing to modify its child-support order. We agree with Mother. Pursuant to FL § 12-104(a), “[t]he court may modify a child-support award subsequent to the filing of a motion for modification and upon a showing of a material change of circumstances.” (emphasis added). Accordingly, in order for the court to modify a child-support order there must be a motion seeking a modification, and a material change in circumstance. A change is “material” when it meets two requirements. First, it must be “relevant to the level of support a child is actually receiving or entitled to receive.” Wills [v. Jones], 340 Md. [408,] 488, 667 A.2d 331. Second, the change must be “of a sufficient magnitude to justify judicial modification of the support order.” Id. at 489, 667 A.2d 331 (citation omitted). Petitto v. Petitto, 147 Md. App. 280, 307 (2002). In determining whether a change is material, “[a] change ‘that affects the income pool used to calculate the support obligations upon which a child support award was based’ is necessarily relevant.’” Id. (quoting Wills, supra, 340 Md. at 488 n.1). Critically, whether there is a material change in circumstance, and the weight the circuit court affords to the factors articulated in Petitto, is a factual question that we review under the clearly erroneous
2. The second issue for review is whether the trial court erred in directing a verdict for the contestant Austin by refusing to allow the 1984 codicil to be submitted to the jury.
Such a shift would change the eventual outcome of the hearing. Therefore, the appellate court determined that the law of state should be applied in this case as opposed to the federal rules of procedure. The appellate court further reviewed the statute to be applied and established that the Massachusetts legal view be applied. As such, the appellate court reversed the initial ruling by the district
The failure of a parent to comply with the provisions of this section may be considered as a factor if a change of custody is requested by the noncustodial parent.
Whether the court was correct in allowing Mr. Eldridge to only pay $3500 instead of the $7000 accrued in child support to his two minor children who are in the full custody of their mother.
The trial court held for the defendants because he found that the plaintiff was contributorily negligent. No appeal has been taken from the judgment entered on that issue. [No opinion issued from this court]
This case was brought up by writ of error, from the Circuit Court of the US for the district of Missouri.
For summary judgment to be granted, the movant must show “that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). The appellate standard of review for reviewing summary judgment orders in this case is the de novo standard, as this is a decision regarding “mixed questions of law and fact”. Barr v. Lafon, 538 F.3d 554, 562 (6th Cir. 2008).
Mr. Shoemaker further contends that the circuit court erred when it found that Mr. Shoemaker’s default:
outweighs its prejudicial effect. People v. Albarran (2007) 149 Cal.App.4th 214, 223. We will not disturb a trial court’s exercise of discretion under Section 352 unless it exceeds the bounds of reason. People v. Funes (1994) 23 Cal.App.4th 1506, 1519.
In response to Mother filing a Motion to Strike Father’s Reply Brief stating that it failed to meet legal requirements (i.e. issues/evidence was not provided legally). In agreement, the Arizona Court of Appeals will not consider issues or
The Eighth Circuit of United States Court of Appeals did not apply the law correctly and the honorable Supreme Court shall rule in favor of the defendants.
A Child Support Order is a document from a court that states (a) when, (b) how often, and (c) how much a parent is to pay for child support. A Child Support Order is typically part of a divorce decree or paternity judgment.
That case was made insufficient because the father never had full custody of the child so therefore he could not begin to influence her own
The Child Support Enforcement Amendment was amended to Aid to Families with Dependent Children law by requiring State welfare agencies to notify law enforcement officials when benefits were being furnished to a child who had been abandoned by one of the parents. Child support would be given to the parent who has custody of the child. The nonresident parent would be considered the non-custodial parent and would have to pay support for the child. The courts were notified of any parent receiving benefits for the child and themselves. AFDC was first established as support for children whose father had died. By 1970s, AFDC was aided due to parents being divorced or separated, or never married. This then created The Child Support Enforcement and
The appeals court ruled that the plaintiff failed to prove that the defendant’s behavior was willful and wanton conduct.