Child Support Order For Children

1107 Words Feb 17th, 2016 5 Pages
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 § 12-104(a), “[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.” (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 “material” when it meets two requirements. First, it must be “relevant to the level of support a child is actually receiving or entitled to receive.” Wills [v. Jones], 340 Md. [408,] 488, 667 A.2d 331. Second, the change must be “of a sufficient magnitude to justify judicial modification of the support order.” 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, “[a] change ‘that affects the income pool used to calculate the support obligations upon which a child support award was based’ is necessarily relevant.’” 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 erroneous…
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