Sharon and Nick had been married for over twenty years. Nick was a well-known district attorney for fifteen years until he was forced out of office as the result of a corruption scandal in which he was found in a downtown hotel room with a prostitute and a substantial stash of drugs. When the story broke in the papers, Sharon moved out, took their three daughters with her, and filed for divorce,

Question

spousal support, custody, and child support. At the peak of his career, Nick was earning $185,000 a year. Sharon was unemployed. In the divorce judgment, he was ordered to pay $1,500 a month in spousal support, $5,000 in child support, and all of the children's private school tuition charges. Although he claimed he could not find employment and needed all his savings to pay his legal fees, he initially made regular payments. However, after eight months, the payments became irregular and then stopped. He was eventually tried, convicted, and sentenced to eight years in prison.

He has brought a complaint for modification of child support. What do you think the court should do under the circumstances and why?

Answer 1

The student may comment on the initial child support award amount and whether or not income should be imputed to Sharon then or now given that he was unemployed as a result of his own misconduct. Mention may also be made of the possibility that the parties' agreement may have made reference to when a modification could occur although the court maintains overall jurisdiction over child support. A Complaint for Modification (or whatever the action is called in the jurisdiction) may be brought based on a substantial change in circumstances. Paralegal Application 10.4 on pages 383 and 384 addresses the question of whether incarceration constitutes a substantial change in circumstances in the child support context. The student should reflect awareness of the three basic views taken by the courts and then indicate and support his or her position on the subject.