Irving v. Irving
Annotate this CaseChancery Court granted James and Johnnie Irving a divorce. Mr. Irving filed a petition for modification of his child-support payments, based on a change of circumstances brought about by the loss of his job which had occurred three weeks prior to the entry of an order that upwardly modified his support obligations. The chancellor declared that res judicata prevented Mr. Irving from presenting evidence of his job loss before the entry of the court's order. Mr. Irving appealed, alleging the chancellor erred by ruling res judicata prohibited him from presenting the evidence. Upon review, the Supreme Court concluded the chancellor erred in its ruling in Mr. Irving's case. The Court reversed the chancellor's decision and remanded the case for further proceedings.
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