Motion to Modify Child Support

In a recent case, the husband and wife divorced in 2003. The decree obligated the husband to pay the wife child support of $700/month for two kids. His tax returns for 2003 and 2004 showed that he made around $50,000 per year. In 2006, wife filed a Motion to Modify seeking an increase.

Husband did no produce any tax returns for 2005 or 2006 but claimed that he made roughly $57,000 in both years. The husband conceded that between March 2004 and April 2005 he also deposited $83,000 in his personal bank accounts, claiming at different time that this came from royalties, loans from family members and loans from his retirement funds.

The husband contradicted himself several times on cross-examination about the source of these funds. Wife testified that she believed husband had a side job and further that the needs of the children had increased since the divorce because they were now enrolled in school and involved in various activities which cost money. She also testified that she was not working at the time of divorce but was now making about $400/month. After trial the court increased the child support to $1,075 a month.

The Court of Appeals analyzed the evidence and found that wife had proved a material and substantial change and that the amount of support ordered was not an abuse of discretion.