Hassan G. v. Tamra P. (Signed Opinion)
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The Supreme Court affirmed in part and reversed in part the circuit court's order affirming the order of the family court refusing Petitioner's motion for a downward modification of his monthly child support obligation to Respondent for the benefit of their three children, holding that the circuit court erred in allowing the family court to refuse to modify the parenting plan and child support award on the basis of Respondent's higher income and the current custodial arrangement.
Specifically, the Supreme Court (1) affirmed the portion of the circuit court's order leaving unchanged the amount of income attributed to Petitioner in the parties' original child support order; but (2) reversed the portion of the circuit court's order failing to modify child support based upon the fact that two of the parties' children now reside with Petitioner and his family instead of Respondent and that Respondent's income had substantially increased since the entry of the child support order. The Court remanded this case for the family court to hold a hearing, make findings of fact and conclusions of law regarding child support, and to enter a modified child support order in accordance with the provisions of this opinion.
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