Monday, December 30, 2019
Child Support Order For Children - 1107 Words
Father contends that the circuit court erred by denying his motion to modify its child-support order. Mother avers, however, that the circuit court did not abuse its discretion by failing to modify its child-support order. We agree with Mother. Pursuant to FL à § 12-104(a), ââ¬Å"[t]he court may modify a child-support award subsequent to the filing of a motion for modification and upon a showing of a material change of circumstances.â⬠(emphasis added). Accordingly, in order for the court to modify a child-support order there must be a motion seeking a modification, and a material change in circumstance. A change is ââ¬Å"materialâ⬠when it meets two requirements. First, it must be ââ¬Å"relevant to the level of support a child is actually receiving or entitled to receive.â⬠Wills [v. Jones], 340 Md. [408,] 488, 667 A.2d 331. Second, the change must be ââ¬Å"of a sufficient magnitude to justify judicial modification of the support order.â⬠Id. at 489, 667 A.2d 331 (citation omitted). Petitto v. Petitto, 147 Md. App. 280, 307 (2002). In determining whether a change is material, ââ¬Å"[a] change ââ¬Ëthat affects the income pool used to calculate the support obligations upon which a child support award was basedââ¬â¢ is necessarily relevant.ââ¬â¢Ã¢â¬ Id. (quoting Wills, supra, 340 Md. at 488 n.1). Critically, whether there is a material change in circumstance, and the weight the circuit court affords to the factors articulated in Petitto, is a factual question that we review under the clearly erroneousShow MoreRelatedNo Matter Of Two Parents1418 Words à |à 6 Pagesnot, they both are obligated to support their children. Most states have specific rules and guidelines when it comes to determining the financial responsibilities of parents and ensuring that they pay support for their children, included in those states is Illinois. Even though parents can agree about child support, they must, at minimum, receive approval by court and meet the guidelines outlined in the law. 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