Melinda H. v. William R. (Signed Opinion)
Annotate this CaseWhen Mother and Father were divorced they agreed Father would pay child support for the parties' two children in the amount of $700 per month. Father subsequently filed a petition to modify child support, asserting in part a change of employment income. Father had voluntarily quit a well-paying job with benefits to take a $10 per hour, part-time position with a company owned by his fiancee's mother. The family court decreased Father's child support obligation to $332 per month. The Supreme Court reversed, holding that the family court used the incorrect legal standard in deciding the issue of income attribution. Remanded for the limited purpose of deciding the amount of Father's earning capacity based on his previous income and determining the amount of child support in accordance with the child support guidelines.
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