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CHILD SUPPORT MODIFICATION REQUIRES A SHOWING OF A MATERIAL CHANGE IN CIRCUMSTANCES

SHORT v. SHORT, NO. 2011-CA-01096-COA (Decided 1/29/2013), Andy agreed that he would never pay less than $3,000 per month in child support. When he sought to reduce his support due to a change in his income, the Court denied him the right. One of the things the Judge looked at was Andy’s $3,200 per month mortgage payment as indicating he has money to make the minimum payment. The Court stated the standard to be used in determining whether a modification should take place:
  1. increased needs of children due to advanced age and maturity;
  2. increase in expenses;
  3. inflation;
  4. relative financial condition and earning capacity of the parties;
  5. health and special medical needs of the child, both physical and psychological;
  6. health and special medical needs of the parents, both physical and psychological;
  7. necessary living expenses of the father;
  8. estimated amount of income tax each party must pay;
  9. free use of residence, furnishings and automobile; and
  10. other facts and circumstances bearing on the support as shown by the evidence.