Modify Child Support in an Agreed Shared Parenting Plan

Attorney Anthony Greco successfully represents a father in the Court of Appeals against a Union County trial Court ruling  which imposed a child support obligation upon the father and ordered him to pay his ex-wife’s attorney’s fees and litigation costs. However, the Third District Court of Appeals reversed the trial court on both issues.

Change of Circumstances Required to Modify Child Support

As to the ex-wife’s motion to modify child support, the Court of Appeals found that the trial court abused its discretion in finding that a substantial change of circumstances occurred. The Court of Appeals came to this conclusion because the ex-wife and father maintained the same allocation of parenting time, the child’s needs had not changed, and no evidence in the record demonstrated that the earnings and financial positions of the ex-wife and father had changed. Further, the Court of Appeals held that changes to a shared parenting plan which were voluntarily agreed to by the parties do not constitute a substantial change of circumstances. This is so because such a change was “a change to the parties’ agreement, not their circumstances.”

Attorney’s Fees

Regarding the ex-wife’s award of more than $ 10,000 in attorney’s fees and litigation costs, the Court of Appeals found that the trial court abused its discretion in awarding attorney’s fees and litigation costs to the ex-wife. The award was an abuse of discretion because the ex-wife failed to request attorney’s fees and litigation costs in her motion to modify child support and failing to so request precludes such an award.

As a result of the trial court’s reversal, the mother was denied both child support and attorney’s fees.  In addition, mother was Ordered to repay all child support that had been paid by father while the Court of Appeals case was pending.

Click Here to read the Court’s full ruling.