If there is a change of circumstances, child support may be modified. In Smith v Smith, July 2010, the court held as follows:
- If there is insufficient evidence on the record, the Court must provide for discovery and hold a plenary hearing or trial to get further needed information.
- Unilateral stopping child support payments is a prima facie change of circumstances.
- Legal fees are owed by the party that unilaterally stopped child support payments; this was bad faith. Another factor was the disparity of incomes of the parties.
- The Court does not have discretion to retroactively modify child support if the parties Marital or Property Settlement Agreement provides for no retroactive modification.
Gabrielle L. Strich, Esq.
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