Singh v. Hammond
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Sandra M. Singh (Wife) and Zachary Hammond (Husband) were divorced in 2005. The parties had two children together, and pursuant to the final divorce decree, were awarded joint legal custody of the children, with Husband being awarded primary physical custody. In 2009, Wife filed an action seeking child support and a modification of custody. The parties eventually agreed to allow Wife to have primary physical custody of the children, and in late 2011, the Superior Court ruled that Wife should be awarded child support. However, as part of its order, the trial court also ruled that, "[a]s long as [Wife] receives child support payments from [Husband], she shall not apply for any financial assistance for the children from the government." Wife appealed to the Supreme Court, asking whether the trial court erred in ruling that as long as Wife received child support payments from Husband, she should not apply for any financial assistance for the children from the government. Upon review, the Supreme Court affirmed in part, and reversed in part. The Court affirmed the trial court’s ruling with respect to its calculation of Husband’s gross monthly income, but reversed the trial court’s ruling with respect to its calculation of Wife’s gross monthly income and its prohibition against Wife’s
application for financial assistance as long as she received child support.
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