Child Support Modification

There is a recent Court of Appeals case that discussed Child Support Modification. In Robinson v. Robinson, the appellant appealed a finding of willful underemployment. Willful underemployment exists where a person intentionally makes less money than they can. An example is a certified mechanic working at a fast food restaurant. The person is willfully underemployed because they could be making more money as a mechanic than at a fast food restaurant.  The presumption is the person wants to minimize there child support obligation and is thus working the lower paying job. When a court makes a finding regarding child support modification they must make findings of fact that support their decision. In Robinson v. Robinson, the lower court made no such findings. Put another way, the court did not say what facts it relied on when it made a finding of willful underemployment. The take away is that the trial court must always make finding of fact to support its orders and that parents should be employed to their capacity. If you have any questions about child support, please contact us.

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